Development Control Regulations MCGM
Development Control Regulations MCGM
CONTROLREGULATIONSUPTO1ST
JANUARY2015FORMUMBAI
(Incorporatingallmodificationsfinallysanctioned
underrelevantprovisionsoftheAct)
Er.GopalDChiplunkar,thenMunicipalEngineer
9930066327
4.
5.
Contents
page (s)
Administration
Short Title, Extent and Commencement
Definitions of Terms and Expressions
Applicability
2
2-12
1.
Development and Construction
2.
Part construction
3.
Change of occupancy
4.
Reconstruction
5.
Exclusions
Development Permission and Commencement Certificate
1.
Necessity of obtaining permission
2.
Items of operational construction by some authorities
excluded
3.
Operational constructions excluded
4.
Validity of development permission
5.
Applicability to partially completed works
12
12
12
12
12
14-19
5 (Table 1)
5 (Table 2)
Coloring of plans
6.
7.
8.
9
9 (Table 4)
10.
11.
PART II
General Planning Requirements
Land uses and Manner of Development Land uses and Manner of Development
Land uses and Manner of Development
User (Allocation, designation or reservation), person or authority who may
develop, conditions subject to which development is permissible.
Development Permission In Respect Of Public Housing/High Density Housing
Other stipulations
1.
General
2.
Development of land partly designated /allocated/reserved
3.
Combination of public purposes uses in reserved sites
13-14
13
13
13
14
14
14
14-15
15-18
18
18-19
19-20
19
19
19
19
19
20
20
20
20
20
20
20
20
20
21-62
21-62
63
63
14.
4.
Shifting and/or interchanging designations / reservations
Development in Large Holding
Exemption
1.
Existing non-conforming uses to continue in certain
circumstances
2.
Non-conforming industries
3.
Other non-conforming uses
Ancillary uses permitted
15.
16.
64
65-66
17.
18.
66
66
66
66
66
66
19.
67
67
20.
1.
General
2.
Private Street
3.
How to measure the length and maintained
Inter-section of roads
21.
67
12.
13.
1.
2.
3.
21 (Table 5)
22.
63
63-64
63-64
64
64
64
67
}67
68
68
}68
22 (Table 6)
22 (Table 7)
69
23.
69-71
24.
71
68
24 (Table 8)
Widths of Pathways
71
25.
71-72
26.
72
27.
28.
73
73
29.
73-81
Side and Rear Open spaces in relation to height of the building for light
and ventilation.
73
1.
2.
3.
4.
5.
6.
7.
8.
73-74
75
75
76
76-78
78
78-80
81
9.
10.
29 (Table 9)
29 (Table 10-A)
29(Table 10-B)
29 (Table 10-C)
29(Table 11)
29(Table 12)
30
31
31(Table 13)
32
32(Table 14)
33
33(Table)
34
35
36
81
81
75
76
77
77-78
79
98-132
98-99
99-103
136
136-147
136-138
139-144
145
146-147
148-154
148
148-152
152
152-153
153-154
153-154
80
82-83
84-86
84
84
84-86
86
85
87
87-92
103-104
104-106
106-112
113
113-115
115-116
117-119
119-125
125
125
126
126-127
128-129
129-130
130
130-131
131
131
132-135
135
36(Table 15)
37
37 (Table 17)
38
38(Table 18)
38(Table 19)
38(Table 20)
39
40
41
42
43
43(Table 21)
44
45
7)
Common parking Spaces
Off-Street Parking Spaces
Part III
General Building Requirements
General Space requirements of various parts of building, etc.
Occupant load
Requirements of part of buildings
1)
Plinth
2)
Habitable rooms
3)
Kitchen
4)
Bathroom and Water-closet
5)
Loft
6)
Mezzanine Floor
7)
Store-room
8)
Garage
9)
Basement
10)
Cabin
11)
Office room for co-operative housing society
12)
Letter box
13)
Meter room
14)
Refuse chute
15)
Corridor
16)
Door
17)
Stairway
18)
Ramps
19)
Lifts
20)
Porch
21)
Canopy
22)
Balcony
23)
Revas Projection
24)
Roof
25)
Terrace
26)
Parapet
27)
Boundary wall and main entrance
28)
Wells
29)
Overhead tanks
30)
Septic tanks
31)
Special Provisions
32)
A fitness centre including toilet facilities
33)
Special Provisions for Institutional, Assembly, Business
or Mercantile and Industrial Buildings
34)
Podium
Minimum size and width of habitable rooms
Height of habitable room
Minimum width of staircase/corridors
Common antenna for Television transmission reception
Requirements of Educational Buildings
Special amenities for physically handicapped person
Lighting and Ventilation
1)
Adequacy and manner of provision
2)
Artificial ventilation shaft
3)
Artificial lighting and mechanical ventilation
4)
Residential Hotel size of ventilation shaft, etc.
Fire Protection Requirements
1)
General
2)
Exits
Width and number for various occupancies
Requirements of individual exists at each floor
1)
Corridors
2)
Doorways
3)
Revolving doors
4)
Internal staircase
5)
Fire escape or external stairs
6)
Ramp
7)
Refuge areas
8)
Fire Escape Chutes/ Controlled Lowering Device for
evacuation
9)
Fire Check Floor
Structural Safety and Services
154
150-152
155
155
155
156
156
156-158
159
159-160
160
161
161
161
161-163
163
163
163
163
163
163
163
163
164
164
164-165
165
165
165-166
166
166
167
167
167
167
167
167-168
168-169
169-170
170
170-171
156
158
171
172
172
172-174
175
175
175
175
175
175-177
173-177
178-179
179
179
179
180
180
180
180-181
181
182
182
183
183
1)
2)
3)
46
47
48
49
50
51
52
53
54
55
55
56
57
58
Structural design
Quality, materials and workmanship
Alternative materials, method of design and construction
and tests
183
183
183
Tests
184
1)
Test methods
2)
Test results to be preserved
Building Services
1)
Electrical installations
2)
Lifts
Signs and Outdoor Display Structures
1)
National Building Code to apply
2)
Additional Conditions
3)
Prohibition of advertising signs and outdoor display
structures in certain cases.
4)
Add, alter or amend the provisions
PART IV
Land use classification and uses permitted
Uses and ancillary uses
Power of granting permission
Purely Residential Zone (R-1 Zone) ancillary uses permitted
Residential zone with shop lines (R-2 zone)
1)
Width of roads along which shopping is permissible
2)
Prohibition of shops on certain roads
3)
Refusal of shopping permission by Commissioner in certain
circumstances
4)
Uses permissible
5)
Conditions governing additional uses
6)
Shopping uses and departmental stores
7)
Convenience shopping on certain roads and in goathans
and Koliwada areas
8)
Uses permitted in independent premises/buildings
184
184
184
184
184
184
184
184
193
193-194
194
194-195
194
195
195
196-199
196-202
1)
General Conditions
2)
Uses permissible
3)
Other uses permissible
Special Industrial Zone (I-3) Zone
1)
General Conditions governing uses permitted
2)
Uses permissible
3)
Additional restriction on certain types of Industries
4)
Other uses permissible
5)
Other uses in Special Industrial Zone (I-3)
Development on redevelopment of lands of Cotton Textile Mills
1)
Lands of sick and / or closed cotton textile mils
2)
Lands of cotton textile mills for purposes of modernization
3)
Lands of cotton textile mills after shifting
4)
recommendation by the (BIFR) shall not be mandatory
5)
Development by the cotton textile mill itself for the same
cotton textile or related user.
6)
Reconstruction after demolition of existing structures &
Multi-mills aggregation
7)
Development of Cotton textile mill occupied for residential
purposes
8)
Escrow Account
9)
Monitoring Committee
10)
Applicability of DCR 58
201
203-204
205-208
208-212
208
208
209
209-211
213
185
185
185
185
185-187
187
187-188
188-189
189
189-191
191
191
191
191-193
203-208
214
216-217
217
218
218
218
218
218-220
220
220-221
221
59
60
61
62
63
64
65
66
67
68
69
Regulation No./
Appendix No.
Table No
1
33 (5) I
33(6) II
33 (7) III
33(9) III-A
33 (10) IV
33 (10) IV-A
33(11) V
33(12) VI
34/VII-A
34/VII/B
34/VII/A
43/VIII
43/VIII (Table
24)
12/IX
Regulation No./
Appendix No.
Table No
1
5 (1) and (3) /
(iii) 9iv) X
FORM I
FORM II
5 (3) (ix) /XI
2
Regulation for Low Cost Housing Schemes or Economically Weaker
Sections (EWS) and Low Income Group (LIG) for the Maharashtra
Housing and Area Development Authority
Regulations for reconstruction of buildings, destroyed by fire, collapsed
demolished buildings etc
Regulations for reconstruction or redevelopment of cessed buildings in
the Island City by co-operative Housing societies
Regulations for reconstruction or redevelopment of cessed buildings /
Urban Renewal Schemes
Regulations for redevelopment / construction of accommodation for
censused Slum Dwellers through Co-operative Housing Societies
Applicability of the provisions of this appendix
Regulations for sites and services and for small size tenements for the
Housing schemes under the Urban Land (Ceiling and Regulations) Act,
1976 approved
Regulations for the schemes undertaken by the Maharashtra Housing
and Area development Authority exclusively with the World Bank
Assistance
Regulations for the grant of Transferable Development Rights (TDRs)
to owners/developers and conditions for grant of such Rights
Regulations pertaining to Slum TDR
Regulations pertaining to Heritage TDR
Additional Fire Protection Requirements for Multi-storyed High Rise
and Special Buildings
Fire fighting installations/ requirements
Regulations relating to Development in large Holdings in Residential
Zones
222-224
225-229
229-234
235
235
235
235-326
236
236-242
242
242
243-249
252-255
256-257
258-265
266-267
267-269
269-274
275-301
302-322
323-344
345-346
346
347-350
351-352
353-354
355-364
359-361
365
FORMS
Contents
2
Form of Notice and first Application for Development under sections
44, 45, 58, 69 of the Maharashtra Regional and Town Planning Act,
1966 and to erect a Building under section 337 of the Bombay
Municipal Corporation Act 1888
366-371
372-373
374
375
375-377
379
386
387
388-393
378
380
381
382
383
384
384
385
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 1
NOTIFICATION
M AH AR ASHTR A R EGION AL A ND T OWN P LANNING A CT , 1966
No. DCR.1090/RDP/UD-11.-Whereas the Municipal Corporation of Greater Mumbai
(hereinafter referred to as "the said Municipal Corporation") being the Planning Authority for
the areas under its jurisdiction under clause (19) of section 2 of the Maharashtra Regional
and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966) (hereinafter referred to as
"the said Act") has by a declaration under sub-section (1) of section 23 ,read with section 38
of the said Act ,given notice of its intention to prepared a revised Development Plan for
Greater Mumbai, which has been published in the Maharashtra Government Gazette,
Mumbai Divisional Supplement of 13th January 1977;
And whereas the said Municipal Corporation after following the legal formalities
stipulated under the said Act has submitted under subsection (1) of section 30 of the said
Act, the Revised Draft Building bye-laws and Development Control Rule to the State
Government on 30th April, 1985 for sanction;
And whereas the Government of Maharashtra, after consulting the Director of Town
Planning considered the said draft Building bye-laws and Development Control Rules
submitted by the said Corporation and published, in exercise of the powers conferred by
sub-section (1) of section 31 of the said Act, revised draft Development Control Rules for
Greater Mumbai
as in the Schedule appended to the Government
Notice, Urban
Development Department, No. DCR 1089/3814/RDP/UD-11-1, dated 14th December 1989 in
the Maharashtra Government Gazette,
Extra-ordinary Part I , Konkan
Divisional
Supplement, dated 14th December 1989, inviting objections and suggestion from any
person in respect of the, said revised draft Development Control Rules for Greater Mumbai
and by Government Notification , Urban Development
Department , No. DCR. 1084
/3814/(a)/RDP/UDO
11, dated 14th December 1989, published in the Maharashtra
Government Gazette Extra-ordinary, Part I, Konkan Divisional Supplement, dated 16th
December 1989 appointed Shri G.S. Pantbalekundri, Deputy Director of Town planning and
Ex-officio Deputy Secretary to Government Urban Development Department, as the officer
(hereinafter referred to as " the said officer" ) to hear objections and suggestion from any
person in respect of the said draft revised Development Control Rules for Greater Mumbai
and to submit to the State Government his report thereon as required under sub-section (2)
of section 31 of the said Act;
And whereas the said officer after hearing and consideration of objections and
suggestions, submitted his report to Government on 29th June, 1990;
And whereas in accordance with sub-section (3) of section 31 of the said Act,
Government has taken into consideration the objections and suggestions received and the
report of the said officer;
And whereas in accordance with the first proviso to sub-section (1) of section 31 of
the said Act, the State Government has, by its Notification, Urban Development department,
No. TPB. 4387/716/UD-11 (RDP), dated the 12th June 1990, extended the period for
sanctioning the said draft Building Bye-laws and Development Control Rules for the said
Corporation up to and inclusive of 31st March 1991;
And whereas the Government of Maharashtra considers it appropriate and proper
that the said Development Control Rules for Greater Mumbai shall be called the
Development Control Regulations for Greater Mumbai.
Now, therefore, in exercise of powers conferred by sub-section (1) of section 31 of
the said Act and all other powers enabling in that behalf the Government of Maharashtra(a )
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 2
(b)
fixes 25th March 1991 to be the date on which the final Development
Control Regulations for Greater Mumbai, 1991 as specified in Schedule I of
this notification shall come into force.
Note. - Copies of the Development Control Regulations for Greater Mumbai as in
the Schedule to this Notification as sanctioned by the State Government are kept for sale at
the Government Printing , Stationary and Publication , Publications Branch, Netaji Subhash
Road, Charni Road, Mumbai 400 004 and shall be kept open for inspection by the public
during working hours for a period of one year at the office of the(1)
The Chief Engineer (Development Plan), Municipal Corporation of
Greater Mumbai, Municipal Head Office, Mahapalika Marg, Mumbai 400
001.
(2)
The Deputy Director of Town Planning Greater Mumbai," E" Block, Ensa,
Hutments, Azad Maidan. Mahapalika Marg, Mumbai 400 001.
SCHEDULE
PART -I
A DMINISTRATION
1.
(2)
(3)
Date of coming into force.- These Regulations shall come into force on 25th March
1991 and shall replace the existing Development Control Rules for Greater Mumbai
framed under the Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No.
XXXVII of 1966).
2
Definitions of Terms and Expressions.- (1) General--In these Regulations, unless
the context otherwise requires, the terms and expressions shall have the meaning indicated
against each of them.
(2)
Meaning as in the Acts, Rules, etc.- Terms and expressions not defined in these
Regulations shall have the same meanings as in the Maharashtra Regional and
Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966) or the Mumbai
Municipal Corporation Act, 1888 (Mumbai Act No. III of 1888) and the rules or
bye-laws framed thereunder, as the case may be, unless the context otherwise
requires.
(3)
Definitions. (1)
"Accessory building" means a building separated from the
main building on a plot, and put to one or more accessory uses.
(2)
(3)
(4)
"Advertising sign" means any surface or structure with characters, letter or illustrations
applied thereto and displayed in any manner whatsoever out of doors for the purpose of
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 3
advertising or giving information regarding or to attract the public to any place, person,
public performance, article or merchandise, and which surface or structure is attached
to, forms part of, or is connected with any building, or is fixed to a tree or to the ground
or to any pole, screen, fence or hoarding or displayed in space, or in or over any water
body included in the limits of Greater Mumbai i.e. City, suburbs or extended suburbs
as defined in section 3 of the Mumbai Municipal Corporation Act, 1888, and area
specified in Part II to IV of Schedule `A` to the Greater Mumbai Laws and Mumbai High
Court (Declaration of Limits) Act, 1945.
(5)
(6)
(7)
"Amenity" means roads, streets, open spaces, parks recreational grounds, play
grounds, gardens, water supply, electric supply, street lighting, sewerage, drainage,
public works and other utilities, services and conveniences.
(8)
(9)
(10)
"Basement or cellar" means the lower storey of a building below, or partly below the
ground level.
(11)
"Building " means a structure, constructed with any materials whatsoever for any
purpose, whether used for human habitation or not, and includes(i)
(ii)
(iii)
(iv)
(v)
(vi)
(a)
(b)
"Business building" means any building or part thereof used for transaction of
business and/or keeping of accounts and record therefor; offices, banks, professional
establishments , court houses being classified as business buildings,if their principal
function is transaction of business and/or keeping of books and records.
(c)
"Detached building " means a building with walls and roofs independent of any other
building and with open spaces on all sides.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 4
(d)
(e)
"Hazardous building" means a building or part thereof used for(i) storage, handling, manufacture or processing of radioactive substances or of highly
combustible or explosive materials or products which are liable to burn with extreme
rapidity and/or producing poisonous fumes or explosive emanations;
(ii) "storage, handling, manufacture or processing of which involves highly corrosive,
toxic or noxious alkalis, acids, or other liquids, gases or chemicals producing flame,
fumes and explosive mixtures or which result in division of matter into fine particles
capable of spontaneous ignition.
(f)
"Industrial building" means a building or part thereof wherein products or material are
fabricated, assembled or processed, such as assembly plants, laboratories, power
plants, refineries, gas plants, mills, dairies and factories.
(i)
(j) "Office building" (Premises), means a building or premises or part thereof whose sole
or principal use is for an office or for office purposes or clerical work. "Office
purposes" includes the purpose of administration, clerical work, handling money,
telephone, telegraph and computer operation; and "clerical work" includes writing,
book-keeping, sorting papers typing, filing, duplicating, punching cards or tapes,
machines calculations, drawing of matter for publication and editorial preparation of
matter for publication.
(k) "Residential building" means a building in which sleeping accommodation is provided
for normal residential purposes, with or without cooking or dining facilities, and
includes one or more family dwellings, lodging or rooming houses, hostels,
dormitories, apartment houses, flats, and private garages of such buildings.
(l)
"Semi-detached building" means a building detached on three sides with open space
as specified in these Regulations.
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(iv)
(v)
(a)
(b)
(n) "Storage building" means a building or part thereof used primarily for storage or shelter
of goods, wares merchandise and includes a building used as a warehouse cold
storage freight depot, transit shed, store house, public garage hangar, truck terminal,
grain elevator, barn and stable.
(o) "Unsafe
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(p)
(12)
"Building line" means the line upto which the plinth of a building adjoining a street or
an extension of a street or on a future street may lawfully extend and includes the
lines prescribed, if any, in any scheme and/or development plan.
(13)
"Built-up area" means the area covered by a building on all floors including
cantilevered
portion, if any, but excepting the areas excluded specifically under
these Regulations.
(14)
"Cabin" means
partitions.
(15)
"Carpet area" means the net usable floor area within a building excluding that
covered by the walls or any other areas specifically exempted from floor space index
computation in these Regulations.
(16)
"Chimney" means a construction by means of which a flue is formed for the purpose
of carrying products of combustion to the open air and includes a chimney stack and
the flue pipe.
(17)
"Chajja" means a structural overhand provided over opening on external walls for
protection from the weather.
(18)
"Chowk" means a fully or partially enclosed space permanently open to the sky within
a building at any level; inner chowk being enclosed on all sides except as provided in
clause (a) of Sub-Regulations (9) of Regulations 29 and an outer chowk having one
unenclosed side.
(19)
"Combustible material" means that material which when burnt adds heat to a fire
when tested for combustibility in accordance with the IS: 3808-1966 Method of Test
for combustibility of Building Materials, National Building Code.
(20)
"Convenience shopping, means shops, each with a carpet area not exceeding 20
sq.m. except where otherwise indicated and comprising those dealing with day to day
requirements, as distinguished from wholesale trade or shopping. It includes(i)
Food grain or ration shops, each with carpet area not exceeding 50 sq. m.
(ii)
Pan Shops.
(iii)
Tobacconists
(iv)
Shops for collecting and distribution of clothes and other materials for
cleaning and dyeing establishments.
(v)
Tailor or darner shops.
non-residential
enclosure
constructed
of
non-load
bearing
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 6
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
With the approval of the Corporation, the Commissioner may from time to time add to,
alter or amend the above list.
(21)
(22)
(23)
"Courtyard" means a space permanently open to the sky within the site around a
structure and paved/concreted.
(24)
(25)
"Drain" means a system or a line of pipes, with their fittings and accessories such
as manholes, inspection chambers, traps, gullies, floor traps used for drainage of
buildings or yards appurtenant to the buildings within the same curtilage. A drain
includes an open channel or conveying surface water or a system for the removal of
any liquid.
(26)
"Enclosed staircase" means a staircase separated by fire resistant walls and door
from the rest of the building.
(27)
"Escape route" means any well ventilated corridor, staircase or other circulation
space, or any combination of the same, by means of which a safe place in the open
air at ground level can be reached.
(28)
(29)
(30)
"Exit" means a passage channel or means of egress from any building, storey or
floor area to a street or other open space of safety; horizontal outside and vertical
exits having meanings at (i), (ii) and (iii) respectively as under:
(i)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 7
(ii)
(iii)
"Outside exit" means an exit from a building to a public way, to an open area
leading to a public way or an enclosed fire resistant passage leading to a
public way.
"Vertical exit" means an exit used for ascending or descending between two
or more levels, including stairways, smoke-proof towers, ramps, escalators
and fire escapes.
(31)
"External wall" means an outer wall of a building not being a party wall even though
adjoining a wall of another building and also means a wall abutting on an interior
open space of any building.
(32)
(33)
"Fire lift" means a special lift designed for the use of fire service personnel in the
event of fire or other emergency.
(34)
"Fire proof door" means a door or shutter fitted to a wall opening, and constructed
and erected with the requirement to check the transmission of heat and fire for a
specified period.
(35)
"Fire Pump" means a machine, driven by external power for transmitting energy to
fluids by coupling the pump to a suitable engine or motor, which may have varying
outputs/capacity but shall be capable of having pressure of 3.2 kg/cm2 at the
topmost level of a multi-storied or high rise building.
(36)
"Booster fire pump" means a mechanical/electrical device which boosts up the water
pressure at the top level of multistoryed /high rise building and which is capable of a
pressure of 3.2 kg/cm2 at the nearest point.
(37)
"Fire resistance" means the time during which a fire resistant material i.e. material
having a certain degree of fire resistance, fulfills its function of contributing to the
fire safety of a building when subjected to prescribed conditions of heat and load or
restraint. The fire resistance test of structures shall be done in accordance with IS:
3809-1966 Fire Resistance Test of Structure.
(38)
"Fire separation" means the distance in metre measured from any other building on
the site or from another site, or from the opposite side of a street or other public
space to the building.
(39)
"Fire service inlet" means a connection provided at the base of a building for
pumping up water through-in-built fire-fighting arrangements by fire service pumps in
accordance with the recommendations of the Chief Fire Officer.
(40)
"Fire tower" means an enclosed staircase which can only be approached from the
various floors through landings or lobbies separated from both the floor area and the
staircase by fire-resisting doors and open to the outer air.
(41)
"Floor" means the lower surface in a storey on which one normally walks in a
building, and does not include a mezzanine floor. The floor at ground level with a
direct access to a street or open space shall be called the ground floor; the floor
above it shall be termed as floor 1, with the next higher floor being termed as floor 2,
and so on upwards.
(42)
"Floor space index (FSI)" means the quotient of the ratio of the combined gross
floor area of all floors, excepting areas specifically exempted under these
Regulations, to the total area of the plot, viz. :-
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(43)
(44)
"Foundation" means that part of the structure which is in direct contact with and
transmitting loads to the ground.
(45)
"Front" means the space between the boundary line of a plot abutting the means/ of
access/road/street and the building line.
Plots facing two or more means of
accesses/roads/streets shall be deemed to front on all such means of
accesses/roads/streets.
(46)
(47)
"Garage-Private" means a building or a portion thereof designed and used for the
parking of vehicles.
(48)
(49)
"Habitable room" means a room occupied or designed for occupancy for human
habitation and uses incidental thereto, including a kitchen if used as a living room,
but excluding a bath-room water closet compartment, laundry, serving and storing
pantry, corridor, cellar, attic, store-room, pooja-room and spaces not frequently
used.
(50)
iii)
(51)
"Height of a building"
means the vertical distance measured, in the case of flat
roofs, from the average level of the ground around and contiguous to the building to
the highest point of the building and, in the case of pitched roofs, upto the point
where the external surface of the outer wall intersects the finished surface of the
sloping roof, and, in the case of gables facing the road, the mid-point between the
eaves level and the ridge.
(52)
"Height of a room" means the vertical distance measured, from the finished floor
surface to the finished ceiling/slab surface. The height of a room with a pitched roof
means the average height between the finished floor surface and the bottom of the
eaves and the bottom of the ridge.
(53)
"Home occupation" means customary home occupation other than the conduct of an
eating or a drinking place offering services to the general public, customarily carried
out by a member of the family residing on the premises without employing hired
labour, and for which there is no display to indicate from the exterior of the building
that it is being utilised in whole or in part for any purpose other than a residential or
dwelling use, and in connection with which no article or service is sold or exhibited
for sale except that which is produced therein, which shall be non-hazardous and not
affecting the safety of the inhabitants of the building and the neighborhood, and
provided that no mechanical equipment is used except that as is customarily used
for purely domestic or household purposes and/or employing licensable goods. If
motive power is used, the total electricity load should not exceed 0.75 KW. "Home
Occupation" may also include such similar occupations as may be specified by the
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Commissioner with the approval of Corporation and subject to such terms and
conditions as may be prescribed.
(54)
(55)
(56)
(57)
"Lift" means a mechanically guided car, platform or transport for persons and
materials between two or more levels in a vertical or substantially vertical direction.
(58)
(59)
(60)
"Masonry unit" means a unit whose net cross-sectional areas in every plane parallel
to the bearing surface is 75 percent or more of its gross cross-sectional area
measured in the same plane. It may be either clay, brick, stone, concrete block or
sand-lime brick.
(61)
"Mezzanine floor" means on intermediate floor, not being a loft, between the floor
and ceiling of any storey.
(62)
"Non-combustible" means not liable to burn or add heat to a fire when tested for
combustibility in accordance with the IS-3808-1966 Method of Test for Combustibility
of Building Materials.
(63)
"Occupancy" or "Use" means the principal occupancy for use or which a building or a
part of it is used or intended to be used, including contingent subsidiary
occupancies; mixed occupancy buildings being those in which more than one
occupancy are present in-different portions of the buildings.
(64)
"Open space, means an area forming an integral part of a site left open to the sky.
(65)
"Owner" means a person who receives rent for the use of the land or building or
would be entitled to do so if it were let, and includes :(i)
(ii)
(iii)
(iv)
(66)
"Parapet" means a low wall or railing built along the edge of the roof or a floor.
(67)
(68)
"Partition" means an interior non-load bearing divider one storey or part storey in
height.
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(69)
"Permanent open air space" means air space permanently open(i) if it is a street,
(ii) if its freedom from encroachment is protected by any law or contract
ensuring that the ground below it is either a street or is permanently and
irrevocably appropriated as an open space.
In Determining the open air space required for construction of a building, any space
occupied by an existing structure may, if it is ultimately to become a permanently open air
space, be treated as if it were already such a place.
(70)
(71)
"Plinth" means the portion of a structure between the surface of the surrounding
ground and surface of the floor immediately above the ground.
(72)
"Plinth area" means the built-up covered area measured at the floor level of the
basement or of any storey.
(73)
(74)
"Porch" means a covered surface supported on pillars or otherwise for the purpose
of a pedestrian or vehicular approach to a building.
(75)
(76)
"Road/Street "
means any highway, street, lane, pathway, alley, stairway,
passageway, carriageway, footway, square, place or bridge, whether a thoroughfare
or not, over which the public have a right of passage or access or have passed and
had access uninterruptedly for a specified period, whether existing or proposed in
any scheme, and includes all bunds channels, ditches, storm-water drains, culverts,
sidewalks, traffic islands, road-side trees and, hedges, retaining walls, fences,
barriers and railings within the street lines.
(77)
(78)
"Road/Street line" means the line defining the side limits of a road/street.
(79)
"Road width" or "Width of road/street" means the whole extent of space within the
boundaries of a road when applied to a new road/street, as laid down in the city
survey or development plan or prescribed road lines by any act or law and measured
at right angles to the course or intended course of direction of such road.
(80)
"Row housing" means a row of houses with only front, rear and interior open spaces.
(81)
(82)
"Service road" means a road/lane provided at the front, rear or side of a plot for
service purposes.
(83)
(84)
"Site, Corner" means a site at the junction of land fronting on two or more roads or
streets.
(85)
"Site, Depth of means the mean horizontal distance between the front and rear site
boundaries.
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(86)
"Site with double frontage" means a site having a frontage on two streets other than
a corner plot.
(87)
(88)
"Smoke-stop door" means a door for preventing or checking the spread of smoke
from one area to another.
(89)
"Stair -cover "means a structure with a covering roof over a staircase and its
landing built to enclose only the stairs for the purpose of providing protection from
the weather and not used for human habitation.
(90)
"Storey" means the portion of a building included between the surface of any floor
and the surface of the floor next above it, or if there be no floor above it, then the
space between any floor and the ceiling next above it.
(91)
(92)
(93)
"Tower-like structure " means a structure in which the height of the tower -like
portion is at least twice that of the broader base.
"Travel distance, " means the distance from the remotest point on a floor of a
building to a place of safety be it vertical exit or a horizontally exit or an outside exit
measured along the line of travel.
(94)
(95)
"Volume to plot ratio (V.P.R.) " means the ratio expressed in meters of the volume of
a building measured in cubic meters to the areas of the plot measured in square
meters.
(96)
"Water closet (W.C.) " means a privy with an arrangement for flushing the pan with
water, but does not include a bathroom.
(97)
"Water course " means a natural channel or an artificial channel formed by training
or diversion of a natural channel meant for carrying storm and waste water.
(98)
"Water course, Major" means a water course which carries storm water discharging
from a contributing area of not less than 160 hectares, the decision of the
Commissioner on the extent of the contributing area being final. A minor water
course is one which is not a major one.
(99)
"Window " means an opening other than a door, to the outside of a building which
provides all or part of the required natural light, ventilation or both to an interior
space.
(100)
(101) [Fitness centre in a building means and includes the built up premises
including toilet facilities provided in the building including gymnasium
for the benefit of its inmates and for the purpose of fitness, physical
exercises, yoga and such other activities as may be permitted by the
corporation from time to time.] (2)
(102) [The Biotechnology Unit shall mean and include Biotechnology units
which are certified by the Development Commissioner (Industries) or any
other officer authorized by him in this behalf.] (3)
(103) [The extent of area of Gaothan shall be as shown on the plan.](4)
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3.
Applicability
(1) Development and construction -Except as hereinafter otherwise provided, these Regulations
shall apply to all development, redevelopment, erection and/or re-erection of a building,
change of user etc. as well as to the design, construction or reconstruction of, and
additions and alterations to a building.
(2) Part construction -Where the whole or part of building is demolished or altered or
reconstructed/removed, except where otherwise specifically stipulated, these Regulations
apply only to the extent of the work involved.
(3) Change of occupancy- Where the occupancy of a building is changed, except where
otherwise specifically stipulated these Regulations apply to all parts of the building affected
by the change.
(4)
(5)
[
] (1) - This clause was added vide Government sanction u/s. 37(2) of
M. R. & T. P. Act 1966 under No. TPB. 4398/1234/CR-201 98/UD-11 Dt.
17.02.2000.
[
(2)
(3)
(4)
This clause was added vide orders under 37(2) of MR&TP Act, 1966
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4. Development
(1) Necessity of obtaining permission - No person shall erect or re-erect a building or alter
any building or carry out any development or redevelopment, on any plot or land or cause
the same to be done without first obtaining separate development permission and a
commencement certificate from the Commissioner.
(2) Items of operational construction by some authorities excluded - Construction for
operational purposes, including maintenance of operational structures, by the following
organisations, authorities or departments, whether temporary or permanent, may be
exempted by the special permission of the Commissioner in each case from the purview
of these Regulations, except those relating to floor space index and fire precautions:i. Railways;
ii. National Highways;
iii. National Waterways;
iv. Major ports;
v. Aerodromes and Airports;
vi. Posts and Telegraphs, Telephones, Television, Wireless, Broadcasting
authorities and the authorities of other similar forms of communication;
vii. Regional grids, towers, gantries, switchyards, contact rooms for distribution,
etc. of electricity;
viii. Defence Authorities;
ix. Any other essential public services as may be notified by the State
Government.
All such constructions shall, however, conform to the prescribed requirement for the
provision of essential services, water supply connections drains, etc. to the satisfaction of
the Commissioner.
(3)
Provided that, for the construction of new railway lines or tracks the approval of the
State Government shall be necessary. For construction of new buildings, goods stores,
sheds or platforms, parcel offices and workshops or for purposes of major remodeling,
the approval of the Commissioner shall be necessary.
Further provided that, the following constructions by the organisations, authorities or
departments listed in sub-Regulations (2) herein shall not be deemed to be operational
for the purpose of exemption under the said Regulations, namely:(i)
Residential buildings, commercial buildings, office buildings and industrial buildings
(other than gate lodges, essential operational staff quarters and the like), roads and
drains, hospitals, clubs, institutes and schools in residential, commercial or
industrial areas of the colonies of such organisations, authorities or departments.
(ii)
Construction, installation or any extension of any building in the case of any service
other than those mentioned in this Regulation.
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(4)
(5) Applicability to partially completed works. - For partially completed works, started with due
permission before these Regulations have come into force, the Commissioner may not, for
reasons to be recorded in writing, necessarily insist on compliance with the provisions of
these Regulations for extending the period of the development permission, which shall not
exceed that specified in section 48 of the Maharahstra Regional land Town Planning Act,
1966.
5.
(1)
(2)
(i) Notice.- The notice referred to in sub Regulations (2) of Regulations 6 shall be
accompanied by as many copies of plans as the Commissioner may prescribe after
taking into consideration the clearances required from other agencies.
(ii) Size-The size of drawing sheets shall be any of those specified in Table 1 hereunder.
T ABLE 1
Drawing sheet Sizes
Serial No.1
Designation
Trimmed Size (mm)
(1)
(2)
(3)
1
AO
841-1189
2
A1
594-841
3
A2
420-594
4
A3
297-420
5
A4
210-297
6
A5
148-210
(iii) Colouring notations for plans.-The plans shall be coloured as specified in Table 2
hereunder.
The prints of the plants shall be on one side of the paper only.
TABLE 2
Colouring of Plans
Sr. No.
(1)
1.
2.
3.
4.
Item
(2)
Plot Lines
Existing Street
Future Street
Permissible Building
5.
6.
7.
8.
9.
10.
11.
12.
13.
Open Spaces
Work proposed to be demolished
Proposed work
Drainage and Sewerage work
Water Supply Work
Deviations
Recreation Ground
Roads and Set backs
Reservation
Site Plan
Building Plan
(3)
(4)
--------------- Thick Black-----------------Green
---------------Green Dotted
---------------Thick Dotted
---------------black
----------------- No Color-------------------------------- Yellow hatched ------------------------- Red filled in --------------------------- Red Dotted ------------------------------- Blue Dotted thin --------------------- ------ Red Hatched ------------------------------ Green Wash ---------------------------- Burnt sienna ----------------------------------- Appropriate colour code -------
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Information accompanying notice. -(i) Key plan, site plan, etc. to accompany notice.The notice shall be accompanied by the key plan (location plan), a site plan, subdivision/lay out plan, building plan, specifications and certificate of supervision,
ownership, title, etc. as prescribed in clauses (ii) to (xiii) below.
(ii)
(iii)
Key plan or location plan-A Key plan drawn to a scale of not less than 1 : 10000 shall
be
submitted along with the application in Appendix X for development permission
and commencement certificate showing the boundary locations of the site with
respect to neighborhood land-marks.
(iv)
Site -plan - The site plan sent with an application for permission drawn to a scale of
1:500 shall be duly authenticated by the appropriate officer of the Department of
Land Records showing in addition to, the details in Form-II of Appendix X the
following:The boundaries of the site and of any contiguous land belonging to the owner
of the site;
The position of the site in relation to neighboring streets;
The names of the streets on which the building is proposed to be situated if
any;
All existing buildings contained in the site with their names (where the
buildings are given names) and their numbers;
The position of the building and of other buildings, if any, which the applicant
intends to erect upon his contiguous land referred to in (a) above in relation
toi.
ii.
iii.
the boundaries of the site and ,in a case where the site has been
partitioned the boundaries of the portions owned by others;
all adjacent streets , buildings (with number of storeys and height)
and premises within a distance of 12 m. of the work site and of the
contiguous land(if any) referred to in (a); and
if there is no street within a distance of 12m. of the site, the nearest
existing street with its name;
The means of access from the street to the building, and to all other
buildings (if any) which the applicant intends to erect upon his contiguous
land referred to in (a); above
The space to be left around the building to secure free circulation of air,
admission of light and access for scavenging purposes;
The width of the street (if any) in front and of the street (if any) at the side or
near the building;
The direction of the north line relative to the plan of the building;
any existing physical features, such as wells, tanks, drains or trees;
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The ground area of the whole property and the back-up of the covered area
on each floor with the calculations for percentage covered in each floor, in
terms of the total area of the plot as required by the Regulations governing
the coverage of the area;
Overhead electric supply lines including space for electrical transforming
sub-station according to the requirements of the electric distribution
licenses, water supply and drainage line;
Such other particulars as may be prescribed by the Commissioner.
(v)
(vi)
Building plan -The plans of the building with elevations and section accompanying
the notice shall be drawn to a scale of 1:100 and shallInclude floor plans of all floors together with the covered area clearly indicating
the size of the rooms , the positions and width staircases , ramps and other
existways, liftwells, lift machine rooms and lift pit details , meter room and
electric sub-station . It shall also include the ground floor plan as well as the
basement plan and shall indicate the details of parking spaces, loading and unloading and spaces, if required to be provided around and within the building,
as also the access ways and appurtenant open spaces with projections in
dotted lines, the distance from any building existing on the plot in figured
dimensions along with the accessory building. These plans will also contain the
details listed in Form-I of Appendix X.
Show the use or occupancy of all parts of the buildings;
Show the exact location of essential services, e.g. water closet (WC), sink, bath
Include sectional drawing showing clearly the sizes of the footings, thickness of
basement wall, wall construction, size and spacing of framing members ,floor
slabs and roof slabs with their materials. The section shall indicate the heights
of the building and rooms and also the height of the parapet and the drainage
and the slope of the roof. At least one section should be taken through the
staircase. The structural plan giving details of all structural element and
materials used along with structural calculations can be submitted separately,
but in any
circumstances before the issue of the development
permission/commencement certificate;
Show relative levels of streets;
Indicate details of basket privy/served privy, if any;
Give dimensions of the portions projecting beyond the permissible building line;
Include a terrace plan indicating the drainage and the slope of the roof;
Indicate the north line relative to the plans;
Give a schedule of doors, windows and ventilators;
Provide such other particulars as may be prescribed by the Commissioner;
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Provided that with the building plans for multi-storeyed/high rise or special
buildings, the following additional information shall be furnished or indicated on
the building plans;Access to fire appliances/vehicles with details of vehicular turning
circle and
clear motorable accessway around the building;
Size (width ) of main and alternate staircases along with the balcony approach,
corridor, ventilated lobby approach;
Location and details of lift enclosures;
Location and size of fire lift;
Smoke stop lobby door, where provided;
Refuse chutes, refuse chamber, service duct etc.
Vehicular, loading and unloading parking spaces;
Refuse area, if any;
Details of air-conditioning system with position of fire dampers, mechanical
ventilation system, electrical services (with dimensions of electrical transforming
sub-stations etc.) boilers, gas pipes, meter rooms etc;
Details of exits, including ramps, etc. for hospitals and special risks;
Location of generator, transformer and switch gear room;
Smoke exhaust systems, if any;
Details of fire alarm system;
Location of centralised control, connecting all fire alarms, built-in fire protection
arrangements and public address system, etc; location and dimensions of static
water storage tank and pump room along with fire service inlets for mobile
pump and water storage tank;
Location and details of fixed fire protection installation such as sprinklers, wet
hose reels, drenchers, carbon-dioxide (CO 2 ) installations, etc; and.
location and details of first aid and fire fighting equipment/installations.
(vii)
Service plan. - Plan and sectional elevations of private water supply, sewage
disposal system and details of building services, where required by the
Commissioner, shall be made available on a scale of not less than 1:100 before
underrating such work.
(viii)
(ix)
(x)
(xi)
Security deposit. - To ensure compliance with these Regulations and the directions
given in the sanctioned plan and other conditions, a security deposit which may be
in the form of an irrevocable bank guarantee, shall be charged at rates specified by
the Commissioner. It shall be returned to the owner one year after the issue of the
full occupancy certificate after the Commissioner is satisfied with the compliance
with various conditions stipulated in the said full, occupancy certificate.
(xii)
Clearance certificate for tax arrears. - The notice shall also be accompanied by an
attested copy of a clearance certificate from the Assessment Department of the
Corporation for payment of tax up-to-date.
(xiii)
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certificate from these authorities, applicable to the occupancy, shall also accompany
the application.
(xiv)
(4)
Signing of plans by owners and licensed personnel/architect. - (i) Signing of Plans. All the plans shall signed by the owner and the licensed surveyor/engineer/structural
engineer/supervisor, or architect, as the case may be, and shall indicate their names
in block capital letter, addresses and license numbers when so licensed, allotted by
the Commissioner.
(ii) Qualification and competence of the Licensed Surveyor/Engineer/Structural
Engineer/Supervisor. - The Commissioner shall license surveyors, engineers,
structural engineers and supervisors with the qualifications listed in Appendix XII to
perform the tasks mentioned in that Appendix.
(5)
Fire brigade scrutiny.-The plans for all multi-storyed, high rise and special
buildings shall also be subject to the scrutiny of the Chief Fire Officer, and
development permission shall by given be the Commissioner only after the clearance
by the Chief Fire Officer.
(iii) Deemed permission.-If within sixty days of the receipt of the notice under subRegulations (i) of Regulations 5, the Commissioner fails to intimate in writing to the
person who has given the notice his refusal or sanction, or sanction with
modifications or directions, the notice with its plans and statements shall be deemed
to have been sanctioned, provided that this shall not be construed to authorise any
person to do anything on the site of the work in contravention of or against the terms
of lease or titles of the land, development plan, these Regulations or any law in
force.
(iv) Revised plans. - Once the plans have been scrutinised and objections have been
pointed out, the owner giving notice shall modify the plans to comply with the
objections raised and resubmit them. The plans submitted for final approval shall
not contain superimposed corrections.
The Commissioner shall scrutinise the
revised plans and shall grant or refuse commencement certificate/development
permission within sixty days from the date of resubmission.
(6)
Commencement of work. - A commencement certificate/development permission
shall remain valid for four years in the aggregate, but shall have to be renewed before the
expiry of one year from the date of its issue. The application for renewal shall be made
before expiry of one year, if the work has not already commenced. Such renewal can be
done for three consecutive terms of one year each, after which proposals shall have to be
submitted to obtain development permission afresh.
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For the purpose of this Regulations, `Commencement` shall mean as under: (a)
6.
(b)
(c)
(d)
and
(1)
(2)
Notice to start of work :- The owner shall give notice to the Commissioner of his
intention to start work on the building site in the form of given in Appendix XV. The
owner may start the work after 7 days have elapsed from the date of the service
such notice to the Commissioner or earlier, if so permitted.
(3)
Documents at site :- (i) Results of tests:- Where tests of any material are made to
ensure conformity with the requirements of these Regulations, record of the test
data shall be kept available for inspection during the construction of the building and
for such period thereafter as required by the Commissioner.
(ii)
Development permission :- The person to whom a development permission
is issued shall during construction, keep(a)
(b)
(4)
Checking of plinth columns upto plinth level :- The owner through his licensed
surveyor, engineer, structural engineer or supervisor or his architect shall give
notice in the form of Appendix XVI to the Commissioner on completion of work upto
plinth level to enable the Commissioner to ensure that the work conforms to the
sanctioned plans. The Commissioner may inspect the work jointly with the licensed
technical personal or architect within fifteen days from the receipt of such notice and
either give or refuse permission for further construction as per the sanctioned plans
in the form in Appendix XVII. If within this period, the permission is not refused, it
shall be deemed to have been given provided the work is carried out according to
the sanctioned plans.
(5)
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(6)
Completion certificate :- The owner, through his licensed plumber, shall furnish a
drainage completion certificate to the Commissioner in the form in Appendix 'XIX'.
The owner through his licensed surveyor/engineer/structural engineer/supervisor or
his architect, who has supervised the construction, shall furnish a building
completion certificate to the Commissioner in the form in Appendix XX. These
certificates shall be accompanied by three sets of plans of the completed
development. The Commissioner shall inspect the work and, after satisfying himself
that there is no deviation from the approved plans, issue a certificate of acceptance
of the completion of the work in the form in Appendix XXI.
(7)
(8)
7.
Amendment/modification to Appendices :-
Except where the same are prescribed in Mumbai Municipal Corporation Act, 1888, or
Maharashtra Regional and Town Planning Act, 1966 or the rules or bye-laws framed
thereunder, the Commissioner may, from time to time, add to, alter or amend Appendices X
to XXIII.
8.
Inspection
(1) Inspection or various stages:- The Commissioner may at any time during erection of a
building or the execution of any work or development make an inspection thereof
without giving previous notice of his intention so to do.
(2) Inspection by Fire Departmental:- For all multi-storeyed, high-rise and special buildings
the work shall also be subject to inspection by the Chief Fire Officer, and the
Commissioner shall issue the occupancy certificate only after clearance by the said
Chief Fire Officer.
(3) Unsafe building :- All unsafe buildings shall be considered to constitute a danger to
public safety, hygiene and sanitation and shall be restored by repairs or demolished or
dealt with as otherwise directed by the Commissioner.
(4) Unauthorised development :- In case of unauthorised development, the Commissioner
shall (a) take suitable action which may include demolition of unauthorised works as
provided in section 53 of the Maharashtra Regional and Town Planning Act,
1966 and the relevant provisions of the Mumbai Municipal Corporation Act,
1888.
(b) take suitable action against the licensed technical person or the architect
concerned.
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PART II
GENERAL PLANNING REQUIREMENTS
LAND USES AND MANNER OF DEVELOPMENT
9. Land uses and the manner of development: The uses of all lands situated within the municipal limits of Greater Mumbai, which have been allocated
designated or reserved for certain purposes in the development plan, shall be regulated in regard to
type and manner of development/re-development, according to Table-4 hereunder: TABLE 4
Land uses and the Manner of Development
Sr.
No.
Use(Allocation
designation
or reservation)
Person/Authority
who may develop
(4)
(3)
(1)
I
(2)
Residential(R)
Owner
Owner
Public
owner.
Authority
or
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Sr.
No.
Use(Allocation
designation
or reservation)
Person/Authority
who may develop
(3)
(1)
(2)
Or
(2) In cases where the
owner has been granted
exemption under section
20 or section 21 or
redevelopment permission
under section 22 of the
Urban Land (Ceiling and
Regulations) Act, 1976,
prior to coming into force
of these Regulations, he
would
be
entitled
to
develop
the
land
in
accordance with terms and
conditions set out in
relevant order issued by
the Government or the
Competent Authority under
the said Act, In case the
owner has been granted
the aforesaid exemption or
permission after coming
into
force
of
these
Regulations, he will be
entitled to develop the land
in accordance with terms
and conditions set out in
the exemption order or
permission, and in addition
to the condition stipulated
in (d) below.](10)
1) A public authority
may develop the land
after acquiring it in
accordance with law.
OR
2) In case where, the
owner has been granted
exemption under section
20 or section 21 or
redevelopment
permission
under
section 22 of the Urban
Land
(Ceiling
and
Regulations) Act,1976,
prior to coming into
force
of
these
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 23
Sr.
No.
Use(Allocation
designation
or reservation)
Person/Authority
who may develop
(3)
(1)
(2)
regulations, he would be
entitled to develop the
land in accordance with
the terms and conditions
set out in relevant order
issued
by
the
Government
or
the
Competent
Authority
under the said Act. In
case the owner has
been
granted
the
aforesaid exemption or
permission after coming
into force of these
regulations, he will be
entitled to develop the
land in accordance with
terms and conditions set
out in the exemption
order or permission and
in addition to the
conditions
prescribed
below :
i)
The
minimum
tenement density shall
be 275 units per ha. with
not less than 50%
tenements
having
carpet area of 25 sq. mt.
(269 sq. ft.) each.
ii)The owner shall hand
over 40% of the total
permissible built up area
in terms of tenements,
each having carpet area
of 25 sq. mt. (269 sq. ft.)
to
the
Municipal
Corporation. Thereafter
the owner will be
entitled to have the full
permissible FSI of the
plot for the residential
development,
without
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 24
Sr.
No.
Use(Allocation
designation
or reservation)
Person/Authority
who may develop
(3)
(1)
(2)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 25
Corporation or owner.
[The
Corporation
may
develop
the
land
after
acquiring it in accordance
with the law.
Or
The owner may develop the
land for housing with the
normal permissible FSI on
such terms as are agreed to
between
him
and
the
Commissioner provided that
in
the
development
a
minimum density of 325 units
per net hectare with not less
than 50 per cent of tenements
having a carpet area of 16.75
sq.m. (180 sq.ft) shall be
achieved, and 10 per cent of
the tenements of carpet area
of 16.75 sq.m. (180 sq.ft.)
each in the building so
constructed by him shall be
made available by him to the
Corporation on payment of
the cost of construction plus
15 per cent of the cost of
construction, for allotment of
persons
affected
by
implementation
of
development plan]. (9)
[The
Corporation
may
develop the land after
acquiring it in accordance
with the Law or may
entrust the development to
any suitable agency on
such terms as are agreed
between Corporation and
the agency and in addition
on
the
following
conditions.
i)
The agency may be
permitted to utilise the FSI
as
admissible
to
Corporation
for
construction of buildings
for the purpose of housing
those who are displaced by
projects undertaken by
Corporation;
ii) Atleast 50 percent of the
built up area shall be
handed over to Corporation
free of cost, in the form of
tenements/shops
for
allotting to Project Affected
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Persons
and/or
for
rehabilitating the existing
tenants on the plot;
iii) Balance built up area
may be utilised for other
users as permissible in the
respective zone.
OR
The owner may develop
the land for housing with
the normal permissible
F.S.I. on such terms as are
agreed to between him and
the Commissioner and in
addition
on
conditions
stipulated
for development for public
housing/high
density
housing in (d) below.(10)
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Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 28
Public authority
owner.
or
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 29
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 30
OR
In cases where the owner
has
been
granted
exemption under Sec. 20 or
Sec. 21 of redevelopment
permission under sec. 22 of
the Urban Land (Ceiling
and Regulation) Act, 1976,
prior to coming into force
of these Regulations he
would
be
entitled
to
develop
the
land
in
accordance with the terms
and conditions set out in
the exemption order or
permission issued by the
Govt. or the Competent
Authority under the said
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 31
Corporation
[or owner] (10)
[The
Corporation
may
develop the land after
acquiring it in accordance
with the Law or may entrust
the development to any
suitable agency on such
terms
as
are
agreed
between Corporation and
the agency provided that
the agency hands over built
up area for the Municipal
staff quarters/ Municipal
Housing
in the form of
tenements
to
the
Corporation free of charge
according to the norms
prescribed
by
the
Commissioner. Thereafter
the agency will be entitled
to have full permissible FSI
of the plot for other
permissible users of the
plot without taking into
account the area utilised
for the Municipal staff
quarters
/
Municipal
Housing.
OR
The
owner
may
be
permitted to develop the
reservation subject to his
handing over the built up
space for the Municipal
staff quarters/ Municipal
Housing
in the form of
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(f)
Government
staff
Quarters/ Housing
(11)
tenements, according to
the norms prescribed by
the Commissioner, free of
charge, to the Corporation.
Thereafter, owner will be
entitled to have the full
permissible FSI of the plot
for other permissible user
of the plot without taking
into account the area
utilised for the Municipal
Staff quarters / Municipal
Housing] (10)
[A) For lands not owned by
Appropriate Authority :(i)
(ii)
Building
thus
constructed
shall
be
handed over alongwith 40%
land to the concerned
Department, free of cost.
Thereafter, the owner shall
be allowed to develop the
remaining 60% site to the
full permissible FSI of the
plot without taking into
account the FSI utilised for
this
construction
of
amenity building.
B) For lands owned by
Appropriate Authority:
Development of reserved
plot shall be subject to
such conditions as may be
prescribed
by
the
Government.] (11)
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(g)
Police
Quarters/
Housing
[Police
Station
Cum
Police Housing.]
Government
[Govt. or Owner.] (11)
(i)
The owner shall
construct
designated
amenity on 40% of land
under reservations with
0.40 of permissible FSI of
area under reservations
according
to
norms
prescribed by the said
concerned
Department
(inclusive of provision for
required parking spaces)
for being used for the
designated amenity.
(11)
(ii)
Building
thus
constructed
shall
be
handed over alongwith 40%
land to the concerned
Department, free of cost.
Thereafter, the owner shall
be allowed to develop the
remaining 60% site to the
full permissible FSI of the
plot without taking into
account the FSI utilised for
this
construction
of
amenity building.
B) For lands owned by
Appropriate Authority:
Development of reserved
plot shall be subject to
such conditions as may be
prescribed
by
the
Government.](11)
II
Commercial (C)
(a)(i)Local Commercial(C-1)
Owner
Public
Owner
Authority
or
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 34
he would be entitled to
develop
the
land
in
accordance with the terms &
condition set out in exemption
order
issued
by
the
Government
or
the
Competent Authority under
that Act.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 35
Corporation or owner
[The
Corporation
may
acquire and develop the retail
market.
Or
The owner may be permitted
to develop a retail market with
the type, number and size of
stalls prescribed by the
Commissioner, and further
subject to his agreeing to
hand over the built-up market
area to the Corporation free
of charge. There-after, the
owner will be entitled to have
the full permissible FSI of the
plot without taking into
account the area utilised for
the market.] (9)
[The
Corporation
may
acquire and develop the
Retail Market or may
entrust the development to
any suitable agency on
such terms as are agreed
between Corporation and
the agency provided that
the agency develops a
Retail Market with the type
number and size of stalls
as prescribed by the
Commissioner and hands
over the built up area for
Market to Corporation free
of charge. Thereafter the
agency will be entitled to
have the full permissible
FSI of the plot for other
permissible users without
taking into account the area
utilised for the Market.
OR
The
owner
may
be
permitted to develop a
Retail Market with the type
number and size of stalls
as prescribed by the
Commissioner and hands
over the built up area for
Market to the Corporation
free of cost. Thereafter the
owner will be entitled to
have the full permissible
FSI of the plot for other
permissible users without
taking into account the area
of the Market](10)
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Corporation or owner
[The
Corporation
may
acquire the land and develop
it for the shopping center.
Or
The owner may develop the
shopping center on his
agreeing to give at least upto
25 per cent of the shops to
the Corporation for the
purpose of rehabilitation of
shop-keepers displaced from
sites reserved for public
purposes or amenities in the
development
plan,
on
payment
of
cost
of
construction plus 15 per cent
of the cost of construction]. (9)
[The
Corporation
may
acquire the land and
develop it for the Shopping
Centre or may entrust the
development
to
any
suitable agency on such
terms
as
are
agreed
between Corporation and
the agency subject to the
condition that the agency
agrees to hand over the
built up area for the
Shopping Centre as per
the norms prescribed by
the
Municipal
Commissioner,
to
the
Corporation free of charge.
Thereafter the agency will
be entitled to have the full
permissible FSI of the plot
for other permissible user
of the plot without taking
into account the built up
area of Shopping Centre to
be
handed
over
to
Corporation.
OR
The owner may develop the
Shopping Centre on his
agreeing to give 25 percent
of the permissible built up
area for the
Shopping
Centre
as
per
the
requirements
of
the
Municipal Commissioner,
to Corporation free of
charge.
The
owner,
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Corporation
Wholesale
Corporation
(f)Municipal
SemiWholesale Market (MSWM)
Corporation
Commercial-(C)
(g) District Commercial
Centre/ Town Centre/
Town Sub-centre.
Corporation
or
owner
or
Special
Planning
Authority
(SPA)
The
Corporation
may
acquire and develop the
wholesale or semi wholesale
market with such area as is
considered appropriate by it
for the purpose and thereafter
be entitled to have the full
permissible FSI of the plot for
commercial/office purposes
as may be decided by the
Commissioner without taking
into account the area utilised
for the market. This facility
will be available only in the
suburbs
and
extended
suburbs.
-----Same as Above-------
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 38
ii)
III
Industrial (I)
(a)(i) Service Industries
(I-1)
(ii)General Industries (I-2)
(iii)Special Industries (I-3)
(b)Industrial Estate (IE)
(c)
Service
Estate (SIE)
Industrial
Total
FSI/TDR
consumption on
plot shall not
exceed 2.00 on
the entire plot.
In cases, where
holdings
are
more than 10
acres,
prior
approval
of
Govt. shall be
obtained.] (14)
Owner
Owner
Owner
Public
owner.
Authority
or
Public
owner
Authority
or
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purpose of rehabilitation of
such industries which are to
be rehabilitated from nonconforming areas or zones or
who are displaced from sites
reserved for public purposes
or
amenities
in
the
development plan or other
projects on payment of cost
of construction plus 15 per
cent
of
the
cost
of
construction.
(d) Fishing Industry (FI)
(e.g. Fish drying, fish net
drying, repair and allied
activities.)
(e) Godown/Warehousing/
Cold Storage.
(f)Municipal Laundry/Work
shop/Store (ML/MW/MS).
Public Authority or
Institution Cooperative
Society or Association
of Fishermen or owner.
Public Authority or
owner
Corporation MCGM or
owner
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Printing
Corporation MCGM or
owner
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 41
this
construction
amenity building.
of
IV
Corporation
or
Institution
or
Association
of
Washermen or owner.
(i)
Railway
Siding,
Workshops.
And
other
Railway Uses.
Transportation
Indian Railways
(a)
Proposed
road/street
(b) Proposed widening of
existing
road/street
envisaged either in the
development plan or by
prescription of regular line
of street under the Mumbai
Municipal Corporation Act,
1888.
Corporation
The
development
of
reserved plot shall be subject
to such conditions as may be
prescribed
by
the
(16 )
Government.]
The dhobi ghat, developed
by the Corporation, may be
entrusted for operation and
maintenance to an institution
or association or washermen.
Or
The association or institution
of washermen owner may be
allowed to develop a dhobi
ghat
on
terms
agreed
between them/him and the
Commissioner.
Corporation
(i)
The owner shall
construct
designated
amenity on 40% of land
under reservations with
0.40 of permissible FSI of
area under reservations
according
to
norms
prescribed by the said
concerned
Department
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 42
BEST Undertaking
Corporation MCGM or
owner
(ii)
The
amenity
thus
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Corporation
Owner](7)
[or
The
development
of
reserved plot shall be subject
to such conditions as may be
prescribed
by
the
(16 )
Government.]
[The
Corporation may
acquire,
develop
and
maintain the amenity as a
reservation
OR
The
owner
may
be
permitted to develop the
site subject to the following
conditions
1.
The
Owner
shall
construct the structure for
Road Depot as required by
Municipal Corporation of
Greater Mumbai on the
portion of the land under
reservation, having area of
50% (fifty percent) of the
area of entire reserved site.
2. The built up area of the
structure for Road Depot
shall be 10% of the
permissible FSI on the plot
under reservation.
3. The Land admeasuring
50% of the plot area, with
built up structures for Road
Depot, and duly developed
with proper internal roads,
etc. as required by the
Commissioner, shall be
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 44
handed
over
to
the
Corporation free of cost.
4. The owner can develop
the
remaining
site,
admeasuring 50% of the
total plot area, with full
potential of the total plot for
the purpose as may be
permissible
under
the
respective zone, without
taking into account the area
utilized for constructing the
amenity.
Provided further if the
owner agrees to hand over
the whole reservation to the
Corporation with necessary
facilities as stipulated in
condition 3, FSI potential of
the land shall be permitted
to be utilized on the
adjoining land of the same
owner
in
the
same
layout.](7)
(g)Car Pound
(h)Truck Terminal(TT)
(i)Parking Lot (PL)
Corporation or Police
Department.
Public Authority.
Corporation/
Public
Authority/
public
Organization/Owner.
The
Corporation
may
acquire the land and develop,
operate and maintain the
parking lot.
Or
A public authority or a public
organisation or the owner
may be allowed to develop
the parking lot for the public
according
to the design,
specification and conditions
prescribed
by
the
Commissioner, utilising the
full built-up area equal to the
FSI available on the plot for
the purpose of providing the
parking
spaces.
The
operation and maintenance of
the facility will be decided by
the
Commissioner
irrespective of the authority,
organisation or person who
develops the facility.
The parking spaces may be
in the basement or open
spaces or under the stilts or
on the upper floors. The
Corporation, public authority
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(j)Jetty
V.
Public
owner.
Authority
or
Corporation or owner
[The
Corporation
may
acquire,
develop
and
maintain the amenity as a
reservation.
Or
The owner may be permitted
to develop the amenity
subject to his handing over to
the Corporation free of
charge the built-up space for
the
amenity
constructed
according
to
norms
prescribed
by
the
Commissioner.
Thereafter,
he will be entitled to have the
full permissible FSI of the plot
for other permissible user of
the plot without taking into
account the area utilised for
constructing the amenity.
The Commissioner may
hand over -the dispensary,
health or welfare center or
maternity home to a public
organisation for operation and
maintenance
on
terms
decided by him.
Explanation :Welfare
Center also includes homes,
shelters or institutions for
home-less or street children
waifs, destitutes children (but
not
beggars)
strays
delinquents, abandoned or
destitutes women, homes for
the
destitute
or
dying
destitutes, drug addicts and
alcoholics, crches or daycare center for children, of
working parents, sevaghars
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Public Authority or
Public
Organisation/
Trust or Owner (Legal
Person)
Government
Department Concerned
[MCGM or Owner]
(16 )
---------------------------------
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separate
pump
room
adequate provision of toilet
blocks, etc.)
Primary
[Corporation](1)
[Corporation
or
registered institution
or trust or private
party](2)
Public
Owner
Authority
or
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(d) College
Public
Owner
Authority
or
(e) Polytechnic
Public
Owner
Authority
or
(f)Technical school
Public
Owner
Authority
or
Government
[Govt. or Owner] (11)
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Corporation MCGM or
owner
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 51
Corporation
Corporation
Owner
-----------------------------
Owner
Corporation or Owner
or
Corporation or Owner
[The
Corporation
may
acquire,
develop
and
maintain the library space as
a reservation
or
The owner may be permitted
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(q)Tourist Complex/Centre
Station
Maharashtra Tourism
Development
Corporation Limited or
owner.
[Corporation
or
Owner ] (3)
[Corporation ]
[Corporation
owner](11)
or
[The
Corporation may
acquire,
develop,
and
maintain the Art Gallery
Space as a reservation,
or
The
owner
may
be
permitted to develop the
Art Gallery subject to his
handing
over
to
Corporation free of charge
the built up space for the
Art Gallery constructed
accordingly
to
norms
prescribed
by
the
Commissioner. Thereafter
the owner will entitled to
have the full permissible
FSI of the plot for other
permissible users of the
plot without taking into
account the area utilized for
constructing
the
Art
Gallery.](3)
[A) For lands not owned
by Appropriate Authority :(i) The owner shall
construct designated
amenity on 40% of land
under reservations with
0.40 of permissible FSI of
area under reservations
according to norms
prescribed by the said
concerned Department
(inclusive of provision for
required parking spaces)
for being used for the
designated amenity.
(ii) Building thus
constructed shall be
handed over alongwith 40%
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](15)
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(b)Sewage
Purification
Works (SPS.
(c)Reservoir (R)
(d)Pumping Station
(SPg. Stn.).
(e) Sanitary Refuse Shed
(SRS).
(f)
Refuse Transport
Station (RTS).
(g) Cattle Pound (CP)
(h) Receiving Station (RS)
(i) Cemetery/Cremation
Ground (C).
Corporation
Corporation
Corporation
Corporation
Corporation
The
development
of
reserved plot shall be subject
to such conditions as may be
prescribed
by
the
(16 )
Government.]
--------------------------------------------------
--------------------------------------------------
------------------------------------------------------------------------------------------------
------------------------------------------------
Electrical Licensee
Corporation/Public
Authority or Owner.
The
Government
Department concerned
or owner.
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(k)Telephone
(TE)
Exchange
Government
department concerned.
[Govt.department
concerned or owner
or basic Telephone
Operating
company](11)
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(l)Police
Ground.
Station/Parade
Government
department concerned.
[Govt.
department
concerned
or
owner](11)
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Government.]
(m)BEST Receiving Station
(11)
BEST Undertaking.
[BEST Undertaking
or Owner.] (11)
(n)Public Sanitary
Convenience (PSC).
Corporation or owner
Development of reserved
plot shall be subject to
such conditions as may be
prescribed
by
the
(11)
Government.]
The
Corporation
may
develop the facility either
itself or through a sponsor or
may allow owner to develop
the same on plots designated
or reserved for the purpose in
the development plan or at
other
suitable
locations,
niches
(even
in
sites
designated or reserved for
other purposes or amenities
in the development plan) as
may be approved by the
Commissioner.
Such
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[Corporation or
Owner] (11)
Explanation
(i)
Even where an owner, in terms of column (3) in Table 4 above, is permitted to develop
certain categories of reservations allocations or designations the Corporation or concerned
authority may at any time acquire land thereunder.
(ii)
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parking spaces for the same, in addition to those required for the developments he is
permitted to undertake.
(iii) In areas where the Mumbai Metropolitan Region Development Authority or any other authority
is appointed as Special Planning Authority under Section 40 of the Maharashtra Regional and
Town Planning Act, 1966, all development permissions shall need the clearance of the said
Authority.
[(iv) In the case of development of lands for gymnasia, gymkhanas, clubs, stadia, swimming pools
recreation grounds and playgrounds, construction for ancillary uses only may be permitted (in
a suitable location so as to keep as much of the remaining space open) upto 15 per cent on
10 per cent of the area of the land for the said amenities.](5)
[(iv) a)
b)
[(vi)
(17)
Station, BEST Terminus, BEST Bus Station and Staff Quarters, BEST
Bus Depot and Transport Carriage may be developed by the BEST
Undertaking for the specified purpose coupled with commercial user
subject to the following conditions:a)
b)
(18 )
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While
c)
(18 )
d)
e)
f)
g)
h)
If there is any storage of diesel/ petrol or any
explosive material on the plot, then the above commercial user is
permissible by maintaining segregating distance between them
as decided by the Chief Fire Officer.] (13)
------------------------------------------------------------------------------------------------------------------------------------
[ ](1) This word / clause is deleted vide Urban Development Department vide
corrigendum under No. DCR 1090/RDP/UD-11 Dt. 20.04.1994.
[ ](2) This clause is added vide Urban Development Department vide
corrigendum under No. DCR 1090/RDP/UD-11 Dt. 20.04.1994.
[ ](3) This clause is
added vide Urban Development Department vide
corrigendum under No. DCR 1090/RDP/UD-11 Dt. 08.11.1994.
[ ](4) These words were added vide modification u/s. 37(2) of MR&TP Act 1966
vide Government Notification No. TPB 4395/1712/CR 13/96/UD-11. Dt. 13.05.1999
[ ](5) The provision is deleted vide Government Notification No. TPB 4398/937/CR226/98/UD-11 Dt. 15.09.2000 u/s. 37(2) of M.R.&T.P.Act 1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 62
[ ] (12)This new clause was added in Regulations no. 33(7) vide sanction under
section 37(2), from UDD in state Govt. under No. TPB 4303/500/CR-61/2003/UD11:Dated 27th February, 2004
[ ] (13) This clause was added vide sanction under section 37(2), from UDD in
state Govt. under No. TPB 4395/1472/CR-51/97/UD-11: Dated 27th July,2006
[
](14) This clause was added vide sanction under section 37(2), from
UDD in state Govt. under No. No. TPB 4307/2650/CR-34/2008/UD-11
Dated 4th December, 2008.
[
](15) These words were deleted vide modification sanctioned under section
37(2) of MR & TP Act, 1966 vide order number No. TPB 4306/2778/CR160/07/UD-11 dated 14th may, 2009.
[
](16 ) These words were added vide modification sanctioned under section
37(2) of MR & TP Act, 1966 vide order number No. TPB 4306/2778/CR160/07/UD-11 dated 14th may, 2009.
[
](17 ) These words were added vide modification sanctioned under section
37(2) of MR & TP Act, 1966 vide order number No. TPB 4307/3338/CR29/08/UD-11 dated 12th October,2010.
[
](18 ) These words were added vide modification sanctioned under section
37(2) of MR & TP Act, 1966 vide order number No. TPB 4306/2268/CR259/06/UD-11 dated 26th October,2010.
(18092012)
[
]
The modified regulation was approved under section 37( 2 )
of MR&T P act, 1966 vide Notification No. TPB-4312/CR-6/2012/UD-11 dated 18th
September 2012,
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10. Development permission in respect of Public Housing/High Density Housing.When the land reserved for Public Housing or for Housing the Dishoused is not under
acquisition, the owner may be allowed to develop it for Public Housing/High Density
Housing. However, prior clearance in the case of cessed properties from the concerned
Public Authority will be necessary in conformity with the stipulations specified by such
Authority.
11. Other Stipulations.(1) General - In every case of development/re-development of any land, building or premises,
the intended use shall conform to the use zones, purpose of designation, allocation or
reservation as the case may be, unless specified otherwise.
(2) Development of land partly designated/allocated/designated/reserved.- Where a building
exists on a site shown as an allocation, designation or reservation in the Development
Plan, only its appropriate part as used for such allocation, designation or reservation,
shall be used for the said purpose and the remaining part of the building or of the
developable land may be put to use in conformity with the purpose of development as
otherwise permissible in the case of adjacent land.
(3) Combination of public purposes / uses in reserved sites.- Where the Corporation or the
Appropriate Authority proposes to use land/building/premises reserved for one specific
public purpose/purposes, for different public purpose/purposes it may do so, with the
previous approval of the Government, provided that the combination of such second user
conforms to these Regulations and the permissible use in the zone in which the site
falls. Provided that this shall not apply
(a)
(b)
(c)
(d)
13. Exemptions.(1)
(a)
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(b)
(c)
Provided that where Retention Activity shown in the development plan in the
case of lands or premises is authorisedly discontinued, use of such lands or
premises in which such Activity existed shall be regulated as follows, namely : (i)
(ii)
(c)
(d)
(e)
(3)
such schemes forms an integral part of and is directly connected with the
process carried out in the existing unit;
such addition is required to prevent undue loss or improve the working
efficiency or the conditions of the existing unit or to balance the existing
production units of the industry;
open spaces of 6 m. are maintained from the boundaries of the plot as well as
between two buildings;
satisfactory means of access as required by these Regulations for industrial
zones is provided and maintained; and
parking spaces are provided according to these Regulations.
Other non-conforming uses :Any permitted non-conforming use which is nonhazardous or non-polluting and which existed before the 18th September, 1958 may be
allowed to continue in the development plan, without additions to such non-conforming
use on the following conditions, namely :(a) The whole building or entire premises is owned and occupied by one
establishment only and
(b) Open space and parking space required under these Regulations are provided.
14. Ancillary Uses Permitted :The ancillary uses permitted in various use zones and the conditions governing the
same shall be as given in Part-IV.
15. Prohibition of Factories in Residential Building in Conforming Zones :Notwithstanding anything contained in these Regulations no permission shall be granted
for erecting any factory, workshop or work place (for the establishment of which previous
permission is required under Section 390 of the Mumbai Municipal Corporation Act,
1888) wholly or partly on lands used for residential purposes even if such use is in
conformity with these Regulations and the aforesaid Act;
Provided that the uses in a residential building permissible under Regulation 51 and 52
which are compatible with the residential user may be permitted on the ground floor.
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16. Requirements of Sites :No land shall be used as a site for the construction of building
(a)
if the Commissioner considers that the site is insanitary or that it is dangerous
to construct a building on it or no water supply is likely to be available within a
reasonable period of time;
(b)
if the site is within 9m. from the edge of the water mark of a minor water
course, or 15m. from the edge of the water mark of a major water course,
unless arrangements to the satisfaction of the Commissioner are made to
drain the flow of the water course;
Provided that where a water course passes through low-lying land without
well-defined banks, the Commissioner may permit the owner of the property to
restrict or divert the water course to an alignment and cross section
determined by him (Commissioner).
(c) if the site is not drained properly or is incapable of being well drained;
(d) if the building is proposed on any area filled up with carcasses, excreta, and
filthy and offensive matter, till the production of a certificate from the
Commissioner to the effect that it is fit to be built upon from the health and
sanitary point of view;
(e) if the use of the said site is for a purpose which in the Commissioner's opinion
may be a source of danger to the health and safety of the inhabitants of the
neighborhood;
(f) if the Commissioner is not satisfied that the owner of the building has taken the
required measures to safeguard the construction from constantly getting
damp;
(g) if the level of site is lower than the Datum Level prescribed by the
Commissioner depending on topography and drainage aspects. This shall not
be less than Reduced Level of 27.55m of the Town Hall Datum;
(h) if situated (i)
(ii) Within the outer funnel of vision marked on the sheet quoted in (c) above
and the building proposed to be erected is above Reduced Level of 75.44
m. (247.45ft). with reference to the Town Hall Datum.
(i)
(j)
if it is situated(i) within 2438 m. from an international civil airport unless the application for
development
permission is accompanied by a certificate of consent from
the Civil Aviation Authorities,
(ii) within 1829 m. from any other civil airport unless the application for
development permission is accompanied by a certificate of consent from the
Civil Aviation Authorities.
(k) for assembly use for cinemas, theatres, places of public worship, residential
hotels, lodging and boarding houses, unless the site has been previously
approved by the Commissioner and the Commissioner of Police;
(l)
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line of the street will be insisted only in respect of identified streets forming part of Traffic
Circulation System in Gaothan.
Municipal Commissioner. In all other cases, existing access will be considered as adequate in
Gaothan areas, subject to the physical verification on site .](1)
(iv) any street or road more than 52 m. in width specifically identified in the development
plan for giving direct access except where a no-objection certificate has been granted by
the appropriate road authorities;
Provided further that where any road is proposed to be widened in the development plan
for which a regular line of street has been prescribed under the Mumbai Municipal
Corporation Act, 1888, the resulting proposed width shall be reckoned in dealing with a
request for development permission.
(4) Plots/Buildings abutting or fronting a means of Access.- Where a plot or building
abuts/fronts a means of access; the width of the access shall be as specified in
Regulations 22.
18. Highways and Wider Roads.No site excepting one proposed to be used for highway amenities like petrol pumps
or motels shall have direct access from a highway or specified road 52 m or more in
width, and the portion of these roads in which such amenity sites may have direct
access will be identified in the development plan.
For this purpose, the Commissioner shall specify such roads from time to time with
the approval of the Corporation. He shall also maintain a register of such specified
roads which shall be open to public inspection.
Provided that this shall not apply to any lawful development along the highways and
other specified roads which have existed before these Regulations have come into
force and alternative measures are provided for their continuance.
-----------------------------------------------------------------------------------------------------(1)
[
] This clause was added vide orders under 37(2) of MR&TP Act, 1966 vide No No.TPB4302/1730/CR-233/2002/UD-11 dated 30th July,2008
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 67
20. Inter-section of Roads :For inter-section of roads meeting at right angles, as well as other than at right
angles, the rounding off, cut-off or splay or similar treatment shall be done to the
satisfaction of the Commissioner depending upon the widths of the roads, the traffic
generated, the sighting angle, etc. to provide clear side distance.
21.
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TABLE 5
Minimum Plot areas for various Uses
Serial
Land use
No.
(1)
(2)
1
Residential
and
Commercial
(except those in 2,3 and 4 below)
3.
4
5.
6.
7.
8.
22)
no
Type of
Development
(4)
Row
Row/semidetached.
Row/semidetached/
detached.
Row.
Detached
Detached
Detached.
1000
Detached
Detached
(1) Minimum road width vis--vis the area served- Plots which do not abut on a
street shall abut/front on a means of access, the width and other requirements of
which shall be as given in Table 6 hereunder for residential and commercial zones
and as given in Table 7 hereunder for an industrial zone.
TABLE 6
Width of access for Residential and Commercial Zones
Access length
meters (m)
in
1500-4000
(1)
(2)
(3)
4000-10000
Over 10000
(5)
Less than 75
7.5
12
75 to 150
7.5
7.5
12
150 to 300
12
Over
12
12
12
12
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higher than the main road from where the cul-de-sac road takes off. The turning
space, in each case, should not be less than 81sq.m. in area, no dimension being
less than 9 m.
TABLE 7
Width of access for industrial zones
Access length in meters
(m)
(1)
Upto 100
Above 100 upto 300
Above 300
(2)
Width of means of
access in meter (m.)
(2)
9.00
12.00
15.00
Access for residential, commercial and industrial zones as in table 6 and 7 above(a)
shall be clear of marginal open spaces but not less than 3m. from the building
line;
(b)
may be reduced by 1 m. their in prescribed widths if the plots are on only one
side to
the access;
(c)
shall be measured in length from the point of its origin to the next wider public
street it meets.
(3)
In the interest of the general development of any area, the Commissioner may
require the means of access to be of larger width than that required under these
Regulations.
(4)
Notwithstanding the above, in partially built-up plots where the area still to be built
upon does not exceed 5,000 sq.m. an access of 3.6m. width may be considered
adequate. If such an access is through a built over arch, this access shall have a
height of not less than 4.5m. If such access is atleast 3 m. in width, it shall be
considered as adequate means of access for areas to be built upon not exceeding
5,000 sq.m. provided such area is used for low income group housing and the F.S.I.
would be 75 per cent of the F.S.I. permissible in the zone.
(5)
In the case of a plot, surrounded on all sides by other plots i.e. a land-locked plot
which has no access to any street or road, the Commissioner may require access
through an adjoining plot or plots which shall, as far as possible be nearest to the
street or road to the land locked plot, at the cost of owner of the land-locked plot and
such other conditions as the Commissioner may specify.
(6)
Open spaces in residential and commercial layoutsExtent. -In any layout or sub-division of vacant land in a residential and
commercial zone, open spaces shall be provided as under:
(i)
(ii)
(iii)
15 per cent
20 per cent
25 per cent
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 70
recreational spaces will not be necessary in the case of land used for educational
institutions with attached independent playgrounds.
Admissibility of FSI shall be as
indicated in Regulations 35.
(b)
Minimum area.- No such recreational space shall measure less than 125 sq.m.
(c)
Minimum dimensions.-The minimum dimension of such recreational space shall not be less
than 7.5m., and if the average width of such recreational space is less than 16.6 m, the
length thereof shall not exceed 2 1/2 times the average width.
(d)
Access.-Every plot meant for a recreational open space shall have an independent means
of access, unless it is approachable directly from every building in the layout.
(e)
(f)
Tree growth.-Excepting for the area covered by the structures permissible under (g) below,
the recreational space shall be kept permanently open to the sky and accessible to all
owners and occupants as a garden or a playground etc. and trees shall be grown as under:(a) at the rate of 5 tree per 100 sq.m. or part thereof of the said recreational space to be
grown within the entire plot.
(b) at the rate of 1 tree per 80 sq. m. or part thereof to be grown in a plot for which a subdivision or layout is not necessary.
(g)
(ii)
In a recreational open space or playground of 1000 sq.m, or more in area (in one piece and
in one place), structures for pavilions, gymnasia, club houses and other structures for the
purpose of sports and recreation activities may be permitted with built-up area not
exceeding 15 per cent the total recreational open spaces in one place. The area of the
plinth of such a structure shall be restricted to 10 per cent of the area of the total
recreational open space .The height of any such structure which maybe single storey shall
not exceed 8m. A swimming pool may also be permitted in such a recreational open space
and shall be free of FSI. Structures for such sports and recreation activities shall conform
to the following requirements: (a) The ownership of such structures and other appurtenant users shall vest, by provision in
a deed of conveyance, in all the owners on account of whose cumulative holdings the
recreational open space is required to be kept as recreational open space or ground viz
'R. G', in the layout or sub-division of the land.
(b) The proposal for construction of such structure should come as a proposal from the
owner/owners/society/societies or federation of societies without any profit motive and
shall be meant for the beneficial use of the owner/owners/members of such
society/societies/federation of societies.
(c) Such structures shall not be used for any other purpose, except for recreational
activities, for which a security deposit as decided by the Commissioner will have to be
paid to the Corporation.
(d) The remaining area of the recreational open space or playground shall be kept open to
sky and properly accessible to all members as a place of recreation, garden or a
playground.
(e) The owner/owners/or society or societies or federation of the societies shall submit to
the Commissioner a registered undertaking agreeing to the conditions in (a) to (d)
above.
(2) Open spaces in industrial plots/layout of industrial plots.- (a) In any industrial plot
admeasuring 1000 sq.m. or more in area 10 per cent of the total area shall be provided as
an amenity open space subject to a maximum of 2500 sq.m. and
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 71
(i.) such open space shall have proper means of access and shall be so located that it
can be conveniently utilised by the persons working in the industry;
(ii.) the parking and loading and unloading spaces as required under these Regulations
shall be clearly shown on the plans ;
(iii.) such open spaces shall be kept permanently open to sky and accessible to all the
owners and occupants and trees shall grown therein at the rate of 5 trees for every
100 sq.m. of the said open space to be grown within the entire plot or at the rate of 1
tree for every 80 sq.m. to be grown in a plot for which a sub-division or layout is not
necessary.
(b)
TABLE 8
WIDTHS OF PATHWAYS
Types of Development
Length of pathway
(1)
in meters
(2)(m)
(i) High Density Housing
upto 50
upto 40
upto 30
upto 20
(ii) A building of any other type
upto 20
25.
(i)
(ii)
(iii)
(iv)
Width
in meters
(3)(m)
3.00
2.5
2.0
1.5
1.5
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(f.) Shops for the collection and distribution of clothes and other materials for cleaning,
pressing and dyeing establishments;
(g.) Tailoring, embroidery and button-hole making shops, each not employing more than
9 persons;
(h.) Cleaning and pressing establishments for clothes, each occupying floor area not
0
more than 200 sq.m. and not employing solvents with a flash point lower than 59 C.,
machines with dry load capacity exceeding 30 kg. and employing not more than 9
persons, with a total power requirements of not more than 4 KW;
(i.) Shops for goldsmiths, lock-smiths, watch and clock shops and their repairs, bicycle
shops and their rental and repairs, opticians shops and optical glass grinding and repairs
shops, musical instruments shops and their repairs, picture framing, radio, television and
household appliance shops and their repairs, umbrella shops and their repairs and
upholstery work, each employing not more than 9 persons;
(j.) Coffee selling shops and grinding establishments each with electric motive power
not exceeding 0.75 K.W (0.025 KW) individual motor each;
(k.) Restaurants, eating houses, cafeterias, icecream and milk bars each with area not
exceeding 200 sq.m.
(l.) Bakeries with no floor above, not occupying for production an area in excess of 75
sq.m. and not employing more than 9 persons, if the power requirement does not exceed
4 KW., where only electrical ovens are used and additional heating load upto 12 KW.
permitted.
(m.)Confectioneries and establishments for the preparation and sale of eatables not
occupying for production, an area in excess of 75 Sq.m. per establishment and not
employing more than 9 persons or motive power exceeding 1.12 KW., as well as
sugarcane and fruit crushers, each not employing more than 6 persons with motive power
not exceeding 1.12 KW., in an area not more than 25 sq.m.;
(n.) Vegetable, fruit , flower, frozen fish,frozen meat or frozen food shops.
(o.) Photographic studios with laboratories, zeroxing, photocopying, video and video
taping establishments, etc. and their laboratories, each with an area not exceeding 50
Sq.m, and not employing more than 9 persons and not using power more than 3.75 KW;
(p.) Data processing unit with use of computers;
(q.) Travel agencies, ticket booking and selling for air, surface or water travel or
transport or other modes of travel or transport.
(r.) Other uses permitted in the residential zone with shop line with permission of the
Commissioner.
26. Electric Sub-Station.In every case of development/redevelopment of any land, building or premises,
provision for electric sub-stations may be permitted as under if the requirement for
the same is considered necessary by the concerned power supply authority;
Serial
No.
1.
2.
3.
4.
5.
Provided that the sub-station is constructed in such a manner that it is away from the main
building at a distance of at least 3 m. and in general does not affect the required side margin
open spaces or prescribed width or internal access or larger open space, or as may be decided
by the Commissioner.
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27. Additional Amenities and Facilities in lay-outs exceeding 2 ha.In any layout exceeding two hectares in area in residential and commercial zones,
where the development plan has not provided for amenities and services or facilities,
or if provided they are inadequate, 5 per cent of the total area shall be
designated/reserved as amenity space for provision of primary schools, sub-post
offices, police posts, etc. as directed and approved by the Commissioner, and such
amenities or facilities shall be deemed to be designations or reservations in the
development plan thereafter.
28. Setback and Open Spaces within Building Plots.When different open spaces/widths are prescribed under these Regulations, the largest
of them shall prevail except when specifically provided otherwise. The general
conditions governing open spaces shall be as under:(a)
(b)
Building abutting more than one street.-When a building abuts two or more
streets, the set-backs from each of them shall be such as if the building were
fronting each such street.
Open spaces separate for each building or wing.-The open spaces required
under these Regulations shall be separate or distinct for each building and
where a building has two or more wings, each wing shall have separate or
distinct open spaces as required under these Regulations;
Provided that if one of the wings does not depend for light and ventilation on
the open space between the two wings, the said open space shall be the one
required for the higher wing.
(c)
Open spaces to be provided for the full consumption of F.S.I.-The open spaces
to be left at the sides and rear shall relate to the height necessary to consume
the full F.S.I. permissible for the occupancy in the zone.
(d)
29. Open Space RequirementSide and rear open space in relation to the height of the building for light and ventilation(1) Residential and Commercial Zones; (a) Building having length, depth upto 40 m.- The
open spaces on all sides except the front side of a building shall be of a width not less
than a third of the height of that building above the ground level, rounded to the nearest
decimeter subject to a maximum of 20 m., the minimum being 3.6 m. for a residential
building and 4.5 m. for a commercial building.
(b) Building with Length/Depth Exceeding 40 m.- (a) If the length or depth of a building
exceeds 40 m. an additional width of 10 per cent of the dimension in excess of 40 m. shall
be required on the side or rear open space as the case may be :
Provided that no such increase in additional open space shall be necessary if (a) it is a
front open margin space, or (b) when only store rooms and stairways derive light and
ventilation from the open space.
Provided further that(i.)
the open space for separation between any building and a single storeyed
accessory building need not exceed 1.5 m.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 74
(ii.)
the minimum distance between any two ground floor structure in Public
Housing/ High Density Housing shall be 4.5 m. if habitable rooms derive light and
ventilation from the intervening space; if not, the distance may be reduced to 1.5 m.
(iii.)
except where the plot size is less than 2,500 sq.m. the marginal open space
in a plot abutting the amenity/recreational open space in the same lay-out shall not be
less than 3 m.;
(iv.)
where the amenity open space being accessible from all the layout plots
does not have an exclusive means of access, the rear marginal open space shall not be
less than 3 m.
(c)
Building existing on 1st January 1964 and those constructed thereafter. - (i) In respect of
building existing on 1st January 1964, upper floors, may be permitted with set-back at
upper levels in the case of new development to make up for deficiencies in the open
space as required under these Regulations.
(ii)
With the permission of the Commissioner, set-backs as in clause (i) above may
be allowed for the buildings constructed after 1st January 1964 to avail of additional FSI
that may become available due to road set-back, Transfer of Development Rights as in
Appendix VII, FSI in lieu of staircase room/liftwells or any change in the Regulations
where by additional FSI may become available.
(d)
Set back at upper level :- The Commissioner may permit smaller set backs at upper
levels and also permit additional floor area upto a limit of 10 sq. m. over the permissible FSI
to avoid structural difficulties or hardship but so as not to affect adversely the light and
ventilation of an adjoining building or part thereof.
(e)
Tower-like structures:- Notwithstanding any provision to the contrary, a tower-like
structure may be permitted only with 6 m. open space at the ground level and one-set back
at the upper levels provided that the total height does not exceed 24 m. If it exceeds 24 m.
but does not exceed 37.5 m., the minimum open space at ground level shall be 9 m. Beyond
37.5 m. the minimum open space at ground level shall the 12 m. with two set-backs at upper
levels. The terrace created by the set-back shall be accessible through a common passage
and /or common staircase only.
(f)
Where a room does not derive light and ventilation from an exterior open space; the
width of the exterior open space as given in this Regulations may be reduced to one-fifth of
the height of the building subject to a minimum of 3.6 m. in respect of residential building
and 4.5 m. for a commercial building subject to a maximum of 12 m. For a building with
height of 24 m. or more, such exterior open space may be a minimum of 6 m [shall be 6m.]
(1)
subject to the requirements of the fire brigade authorities.
(f) Where a room does not derive light and ventilation from an exterior open space;
the width of the exterior open space as given in these Regulations may be reduced
to a minimum of 3.6 m. in respect of residential building and 4.5 m. for a
commercial building upto a height of 24 mt. For a building with height of 24 m or
more such exterior open space shall be minimum 6 m or more, subject to the
(06012012)
requirements of the Fire Brigade Authorities.
(g)
The open spaces for the above purposes would be deemed to be sufficient if their
widths are not less than one-fourth of each dimension of the site of the building and the
percentage of the building area does not exceed 25 per cent of the area of the site, when the
least dimension of the site is not less than that specified in the following table for different
floor space indices.
Floor Space Index
(1)
1.00
1.33
18
24
--------------------------------------------------------------------------------------------------------------------------------(1 )
th
Erratum under No. DCR 1090/RDP/UD-11 dated 6 July, 1992.
[
]
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 75
(2)
Industrial Zone :- (a) Buildings upto 4 storeys or 16 m. in height - The minimum width of the
open space around each building shall be 4.5 m. in the island city and 6 m. elsewhere.
(b)
Building more than 4 storeys or 16 m. in height :- The open space dimension prescribed
in (a) above shall be increased by at least 0.25m. for every 1 m. of height or fraction
thereof, above 4 storeys or 16 m.
Provided that no such increase in open spaces is necessary if (I) it is a front margin, or
(ii) when only store rooms and stairways derive light and ventilation from the open
space.
(3)
Provisions in marginal open spaces if the height of the building is restricted :- (a)Notwithstanding the provisions of sub-regulations (1) of this Regulation, the minimum open spaces
in plots in residential and commercial zones may be relaxed to the values quoted in Table 9
below, if the number of Storeys are restricted to two.
TABLE 9
Provisions in Open Spaces for Plots in Residential and Commercial Zones
Serial
No.
(1)
Plot Area
(Sq. m.)
Type of
Development
(2)
(3)
Row
2.
Row
3.
4.
5.
Row/Semidetached
Row/Semidetached
Row/Semidetached/Detac
hed
1.5
..
1.00
(ii)
1.5
2.25
1.0 (i)
3.0
1.0 (i)
3.0
3.0
1.5 (i)
2.25
Explanation to Table 9 :- (i) Such side open space will not be required for row housing a
semi-detached structure will have open spaces around the entire structure. Such side open
space, shall not be reckoned as the main source of light and ventilation for habitable rooms
of the structure.
(ii)
(iii)
(iv)
In plots less than 40 sq. m. in area, no front open space need be provided if the
means of access serving such plots is at least 3 m. in width.
A row housing scheme developed as a block shall not be more than 45 m. in length
and the distance separating two such blocks shall not be less than 1.5 m.
Where the amenity open space is accessible from all the lay-out plots and has no
exclusive means of access, the rear marginal open space in plots abutting such
amenity open space shall not be less than 3 m.
(2)
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(4)
(5)
Front Set-backs from the Street Line/Plot Boundary and set-backs from the zonal
boundary in the different zones shall be as in Table 10 hereunder.
A.
TABLE 10
Front set-back from Street Line/Plot Boundary (in meters)
Serial
No.
(1)
1
Location of plot
(2)
5
6
Resident
ial
Zone
(3)
7.5
Commercial
Zone
(4)
Industrial
Zone
(5)
7.5
22.5
3.0
6.0
4.5
6.0
**
**
4.5
4.5
1.5
4.5
4.5
4.5
6.0
Not
Applicable
NIL
1
1.5
4.5
4.5
3.0
4.5
4.5
4.5
N.A.
N.A.
N.A.
Not
applicable
..
..
**
**
------------------------------------------------------------------------------------------------------------------------------------------
(2)
This clause was added vide orders under 37(2) of MR&TP Act, 1966 vide No
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 77
Serial
No.
(1)
1
Location of Plot
(2)
Residential
-elsewhere
Industrial
Zone
(5)
7.5
7.5
10.5
9.0
9.0
12.0
3.75
2.25
Not
applicable
Not
Applicable
10.5
10.5
10.5
10.5
10.5
12.0
On minor streets*
-island city
(3)
Commercial
Zone
(4)
..
..
..
Serial
No.
(1)
Location of plots
Type of building
Set-back in zones
(m)
(2)
(3)
(4)
Island
..
city
Industrial building
Island
..
city
Island
..
City
Suburbs,
extended suburbs
and
new
reclamation areas
at Wadala Salt
Pans.
I-1:6m.
I-2:9m.
I-3:9m.
I-1:6m
I-2:9m.
I-3:9m.
(i)4.5m upto 4 storeys or 16
m. in height
(ii) For heights
more
than 16 m., 4.5 plus 0.25m.
for every meter or part
thereof
I-1:6m.
I-2:10.5m.
I-3:22.5m.
I-1: 10 m
I-2: 22.5 m
I-3: 52.5m
Do.
Do.
Other
non-industrial
permitted.
users
I-2:15m.
I-3:22m.
:52m. (For obnoxious or
hazardous
industries
adjacent
to
residential
development.)
(i) 6m. upto 4 storeys or
16m. in height.
(ii) For height more than 16
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Open spaces for various types of buildings.- (a) Educational buildings, hospitals, mental
hospitals, maternity homes, house of correction, assembly buildings, mangal karyalaya,
markets, stadia, petrol filling and service stations ;
A minimum space 6 m. wide shall be left open on all sides from the boundaries of the plot.
(b). Cinemas/theatres :(i) Front open space.- A minimum space 12 m. wide from the road or 37 m. from the
centre of National Highway/State Highway/Major District road, which ever is more is
required.
(ii)
Side and rear open space.- Subject to the provisions of sub-Regulations (8) of
Regulations 52, the side and rear marginal distances to be left open shall not be
less than 6 m. wide.
(c) For multi-storeyed, high rise and special buildings, the provisions as stipulated in
(7).
(06012012)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 79
TABLE 11
Open Space Relaxation in Narrow plots in Residential and Commercial Zones.
Serial
No.
Plot size/dimension
Relaxation
(1)
1
(2)
Depth less than 15m.
..
(3)
Rear open space may be
reduced to 3 m.
Restrictions on building
(4)
No room except store-room and
staircase derives light and ventilation
from reduced open space.
No room except store-room and
staircase derives light and ventilation
from reduced open space.
Explanation to Table II.- (i) No dimension of any building in a narrow plot shall exceed 30
m. :
(ii)
The relaxation in Table 11 shall not apply to any narrow plot where in
reconstruction/redevelopment scheme under the Maharashtra Housing and Area
Development Authority Act, 1976 is undertaken. In the case of such a plot, the
Regulations in Appendix III shall apply.
(iii)
In areas when the majority of the plots is less than 11.5 meters in width or depth,
the Commissioner may prescribe building lines in which row houses would be
permissible.
(b)
Narrow plots in industrial zones, viz. those having one dimensions smaller than 16 m. will
be allowed the relaxation subject to the restrictions in Table 12 hereunder.
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TABLE 12
Open space Relaxation in Narrow Plots in Industrial Zones
Serial
No.
(1)
1
2.
Relaxation
granted in
or condition
imposed on
Width
less
than
10.5 m.
Depth
less than
10.5 m.
Width between
10.5 m. upto
12 m
Depth
between
10.5
m.
upto
12 m
Width
between
12m upto
18 m.
Dept
h
betwe
en
12m
upto
18
m.
(2)
Open
space ..
(3)
Side
open
space
may be
reduced
to 1.8
(4)
Rear
open
space
may
be
reduced
to
1.8 m.
(5)
(i)
May be
reduced on one
side to 4.5 m.
(ii) The other
side
may
be
reduced to 1.8m.
(6)
May
be
reduced at
the rear to
not
less
than 1.8 m.
(7)
One side
open space
may
be
reduced to
1.8 m.
(8)
Rear
open
space
may
be
reduc
ed 1.8
m.
Building
dimensions,
etc.(i)
Maximum
width
(ii)
Maximum
depth
(iii)Maximum height
(iv)No.
storeys
(v) Walls
6 m.
30 m.
6 m.
30 m.
6 m.
30
m.
30 m.
6 m.
30 m.
6 m.
30m.
6 m.
4.5 m.
4.5 m.
8 m.
8 m.
8 m.
8 m.
One
One
Two
Two
Two
Two
of
Dead
walls 40
cm.
thick on
both
sides.
Dead
wall
40
cm thick
on
the
rear side.
Dead wall 40
cm. thick facing
the reduced open
space,
as
in
Serial
No.(i)
(ii)above of this
column.
Dead wall
40
cm.
thick facing
the
rear
side.
Dead wall
40
cm.
Thick
facing the
reduced
open
space.
Dead
wall
40
cm.
thick
facing,
the
rear
side.
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(8)
(i).
(a)
(b)
(c)
(ii)
Vertically
2.5 m
3.7 m
3.7 m
(Plus 0.3 m for
every
additional
33,000 V or part
thereof)
Horizontally
1.2 m
2.0 m
2.0 m
(Plus 0.3 m for
every 33,000
V
or
part
thereof)
Explanation :- The minimum clearance above shall be measured from the maximum sag
for vertical clearance and maximum deflection due to wind pressure for horizontal
clearance.
Building sites abutting railway track boundary.- Subject to the requirements of set-backs
from roads and side and rear marginal open spaces under the relevant Regulations, no
new construction of a building or reconstruction of an existing building shall be allowed
within a distance of half the height of the said building from the railway track boundary,
and in any case at least 3 m. away from such boundary.
[ Building sites situated within 30 mt. from Railway Boundary:
Interior open spaces (chowks)-(a) Inner chowk.- Unless it abuts on a front rear, or side
open space, the whole of one side of every room other than a habitable room shall abut
on an interior open space, courtyard or chowk, whose minimum width shall be 3 m. Such
interior space, courtyard or chowk shall be accessible at least on one side at ground floor
level through a common passage or space. Further, the inner chowk shall have an area at
all its levels of not less than the square of one fifth of the height of the highest wall
abutting the chowk :
Provided that when any room (excluding the stairway bay, the bathrooms and water closet)
depends for its light and ventilation on an inner chowk, the dimension shall be such as is
required for each wing of the building.
(b)
Outer chowk.- The minimum width of an outer chowk (as distinguished from its depth) shall
be 2.4 m. but if the depth exceeds the width, the open space between the wings shall be
regulated by clause (b) of sub-Regulation (i) of this Regulations, when any habitable room
depends on light and ventilation on such outer chowk. A recess less than 2.4 m. wide
shall be treated as a notch and not as a chowk.
(10).
Open spaces to be unencumbered.- Every open space whether interior or exterior shall be
kept free from any erection thereon and shall remain open to the sky except the feature
covered by the next Regulations.
------------------------------------------------------------------------------------------------------------------------------------------------------
[
] (1) This clause was added by TPB-4302/1318/CR-23/03/UD-11 dated 5th July,
2005 under section 37(2) of MR&TP Act , 1966
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 82
30. Features permitted in open spaces:Certain features may be permitted in the prescribed open spaces as enumerated below:(i)
Permitted in the side or rear marginal open spaces :- (a) Where the facilities in an existing
building are inadequate, a sanitary block (i) not exceeding 3 m. in height and 4 sq. m. in
carpet area. (ii) at least 7.5 m. from the road line or the front boundary and 1.5 m. from
other boundaries and (iii) at least 1.5 m. away from the main building.
(b)
Covered parking spaces at least 7.5 m. away from any access road, subject to
Regulations 36.
(b) Covered parking spaces at least 7.5 m. away from any access road, subject to
(06012012)
Regulation no. 36 (5)(d)
(c)
(ii)
Suction tank, pump room, electric meter room or sub-station, garbage shaft, space
required for fire hydrants, electrical and water fittings, water tank, dust-bin, etc.
Other features permitted in open space :- (a) A rockery, well and well structures, plant
nursery, water pool, or fountain swimming pool (if uncovered and only beyond the required
open space as required under these Regulations), platform around a tree, tank, bench,
gate, slide, swing, ramp, compound wall;
(b)
A cantilevered and unenclosed canopy over common entrance and each common
staircase not more than 5.5 m long and at least 2.2 m. above ground level. The outer edge
of the canopy shall be at least 1.5 m. from the plot boundary. The Commissioner may permit
canopies of larger size in public multistoreyed or high rise or special buildings;
(b) A cantilevered and unenclosed canopy over common entrance and each
common staircase not more than 5.5 m long and at least 2.2 m. above ground level
with level difference of 0.3 m. in relation to the floor level. The outer edge of the
canopy shall be at least 1.5 m. from the plot boundary. The Commissioner may
permit canopies of larger size in public, multistoreyed or high rise or special
(06012012)
buildings.
(c)
An unenclosed porch open on three sides, not more than 5.5 m. in length parallel to
the main building in front of common entrance only and except rear open space. No part of
such porch shall be less than 1.5 m. from the boundary.
( C ) An unenclosed porch open on three sides, not more than 5.5 m. in length
parallel to the main building in front of common entrance only and except rear
open space with level difference of 0.3 m. in relation to the floor level. No part of
(06012012)
such porch shall be less than 1.5 m. from the plot boundary.
(d)
---------------------------------------------------------------------------------------------------------------
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(e)
projecting not more than 1.2 m. from the face of the building. No chajja, cornice, weather
shade, sun-breaker or other ornamental projection etc. shall be permissible, which will
reduce the width of the required open space, to less than 2.5 m.[ Further, Chajja, Cornice,
Weather Sheds, sun breaker or other ornamental projections etc. shall be permissible upto
0.3 mt. in Gaothan areas for the plots adm. Upto 250 sq.mts.](7)
(e) (i) A chajja, cornice, weather shade, sun-breaker; at lintel level only projecting
not more than 1.2 m. from the face of the building. No chajja, cornice, weather
shade, sun-breaker etc. shall reduce the width of the required open space to less
than 2.5 m. Further Chajja, Cornice, Weather Shade, sun breaker or other
ornamental projections etc. shall be permissible upto 0.3 mt. in Gaothan area for
the plots adm. upto 250 sq.mts. However in case of redevelopment of cessed
building, where marginal distances are less, chajja projection maximum up to 0.45
m. may be allowed.
(06012012)
(e) (ii) The ornamental projection, flower beds etc. projecting not more than 1.2 m.
from the face of the building. No ornamental projection, flower beds etc. shall be
permissible, which will reduce the width of the required open space to less than 2.5
(06012012)
m.
(f)
A chajja, cornice, weather shade, sun-breaker over a balcony or gallery, its
projection not exceeding from the balcony or gallery face with level difference of 0.3 m. in
relation to the floor level. However and/or ornamental projections over a balcony or gallery
may be allowed to project upto to 0.75m.
its projection not exceeding 0.75 mt from the balcony or gallery face with a level
difference of 0.3 m. in relation to the floor level. However in case of
redevelopment of cessed building, where marginal distances are less, chajja
(06012012)
projection maximum up to 0.45 m. may be allowed.
(f)(ii) The Ornamental projection, flower bed etc. over a balcony or gallery, its
(06012012)
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31. Heights of Buildings :(1) Height vis--vis the road width.- The height of a building shall not exceed one and half
times the total of the width of the street on which it abuts and the required front open
space. [The restrictions of height of the building spelt out in Regulations No. 31(1)
shall however, cease to apply in case where the plot fronts on road having width
more than 18.00 mtrs and where front marginal open space of 12 mtrs. minimum is
observed, provided that open spaces as on other sides are made available as
required from the fire safety point of view](2) For this purpose, the width of the street,may
be the prescribed width of the street ,provided height of the building does not exceed
twice the sum of the width of the existing street and the width of the prescribed and
required open space between the existing street and the building. The latter width shall
be calculated by dividing the area of land between the street and the building by the
length of the front face of the building.
Explanation :- (i)
"Prescribed
width" here means the width prescribed in the
development plan or the width resulting from the prescription of a regular line of the
street under the Mumbai Municipal Corporation Act, 1888, whichever is larger.
(ii) If a building abuts two or more streets of different widths, it shall be
deemed for the purpose of this Regulations to abut the wider street; the
height of the building shall be regulated by width of that street and may be
continued to this height to a depth of 24 m. along the narrower street,
subject to conformity with Regulations 28.
[Provided however, that restrictions on height spelt out in this Regulations shall
not be applicable for reconstruction and redevelopment of old buildings
undertaken under Regulations 33(7), 33(8), and 33(9) of these Regulations, which
are not affected by Coastal Regulations Zone Notification dated 19th February
1991, issued by the Ministry of Environment and Forests, Government of India, and
orders issued from time to time. ](1)
[Provided however that restrictions on height spelt out in this regulation shall not
areas around the Nehru Centre building shall not be applicable for the buildings to be
constructed for implementation of slum Rehabilitation Scheme under Regulations No.
33 (10) & 33 (14) of these Regulations, which are not affected by Coastal Regulations Zone
Notification dated 19 February 1991, issued by the Ministry of Enviornment and Forests,
Government of India.(6) However the height of buildings so constructed shall always be
less by 6 metres than the height of existing Nehru Centre Building.] (4)
(b) Preserving the view from the Phirozshah Mehta Garden.-Notwithstanding anything
contained in these Regulations, to preserve the western view from the Phirozshah Mehta
Garden on Malabar Hill, two funnels of visions have been marked on the sheet
pertaining to Part II of the 'D' Ward Development Plan. No development will be
permitted in the inner funnel of vision, and a building within the outer funnel of vision
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 85
shall not be erected or raised above Reduced Level 75.44; with reference to Town Hall
Datum.
(c). Preserving the eastern and southern view of the Backbay Area, Marine Drive.Notwithstanding anything contained in these Regulations, to preserve the eastern and
southern view of the Backbay and the Marine Drive area from Kamla Nehru Park on
Malabar Hill, a funnel of vision has been marked on the sheet pertaining to Part II of the
'D' Ward Development Plan. No building shall in this funnel of vision be raised or
erected to the height of more than 21.35 m. or such lesser height as the Commissioner
may prescribe which would include the terrace, staircase or lift room, elevated water
storage tank or any other building feature
Provided that the Commissioner may, with the prior approval of the Government, permit
a building more than 21.35 m. high, after due consideration of the contours of the area,
surrounding developments and plot location, the objective being not to obstruct the view
within the funnel of vision.
(d) The Commissioner may, for reasons to be recorded in writing, prescribe for any building
or structure a maximum height, which may be less than that permissible otherwise
under these Regulations.
(e)The height restriction as in clauses (b) and (c) above will apply only to a plot falling
entirely within the lines of the funnel of vision as marked on the development plan.
(f)Height restrictions in the vicinity of aerodromes.-(I) For structure, installations or
buildings in the vicinity of aerodromes, the height shall be as shown in Table 13
hereunder or such greater height as may be permitted by the Civil Aviation Authorities.
TABLE 13
Building Height Restrictions in the Vicinity of Aerodromes
Serial
No.
(1)
1
2
3
4
5
6
7
8
9
and
and
(4)
152 m.
and
122 m.
and
91 m.
and
61 m.
and
45 m.*
and
36 m.*
and
24 m.*
and
12 m.*
Nil except with
the concurrence of
the civil Aviation
Authorities.
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Explanations.-(i) Irrespective of their distance from the aerodrome, even beyond the 22 km.
limit from the aerodrome reference point, no radio masts or similar installation exceeding
152 m. in height shall be erected without the permission of the Civil Aviation Authorities.
(ii) The location of a slaughter house/abattoir/butcher house or other areas for activities like
depositing of garbage which may encourage the collection of high flying birds, like eagle
and hawks, shall not be permitted within 10 km. from the aerodrome reference point.
(iii).Within
a
5
km.
radius
of
the
aerodrome
reference
point,
every
structure/installation/building shall be so designed as to meet the pigeon/bird proofing
requirements of the Civil Aviation Authorities.
Such requirements may stipulate the
prohibition of any cavity, niche, or other opening on the exterior of such
building/installation/structure so as to prevent the nesting and habitation of pigeons or other
birds.
(g)
(5) Structures not relevant to height.- The following appurtenant structures shall not be
included in reckoning the height of a building except while considering the requirement of
Civil Aviation Authorities and other statutory communications requirements :Roof tanks and their supports, ventilation/air-conditioning shafts, lift-rooms and similar
service equipment, stair covers, chimneys and parapet walls, architectural features not
(3)
exceeding 1.5 m. in height, television antenna, booster antenna, [I.T. Equipment ] and
wireless transmitting and receiving towers.
----------------------------------------------------------------------------------------------------------------------------[
] (1) This proviso added vide Government Notification No. TPB
4391/1681/CR-188/91/UD-11
Dt. 25.01.1999.
(2)
These words are added vide Government Notification No. DCR
[ ]
1096/931/CR 290/96/UD-11 Dt. 31.05.1999.
[
] (3) These words are added vide order NO. TPB 4398/1234/CR201/98/UD-11 Dt. 17.02.2000 u/s. 37(2) of MR&TP Act 1966.
(4)
These words were added vide order No. DCR/1095/1209/CR
[
]
273/95/UD 11 dated 30 th November 2002.
(7)
This clause was added vide orders under 37(2) of MR&TP Act, 1966 vide No
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 87
32.
The Maximum Permissible Floor Space indices and tenement densities for various occupancies and
locations and for various use zones are given in Table 14 hereunder.
TABLE 14
Floor Space Indices in Residential, Commercial and Industrial Zones
(1)
(A)
(B)
(i)
(ii)
Floor Space
(F.S.I.)
(1)
(2)
Tenement
Density per net hector
Maximum
Minimum (applicable
only to plots of I ha
and above and subdivided plots each of
I ha and above from
larger layouts or
sub-division)
(3)
(4)
1.33
600
267
0.75
350
150
0.5
225
100
1.00
450
200
Index
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for
implementation
Development
Plan
of
and
upon
the
need
for
Mumbai
Suburban
District,
TDR
FSI,
while
making
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 89
permitted
with
erection
of
density
shall
be
of total permissible
normal
charged
premium
shall
be
while
condoning
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 90
per
concept
of
FSI
shall
additional
TDR,
be
shall
be
shared
shall
premium
utilise
through
the
Escrow
Plan
and
upto
1.00
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 91
with
purchasers
density
shall
be
in
Bandra-Kurla
per
the
provisions
of
while
condoning
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(B)
(3)
(a)
(b)
(4)
(5)
(6)
(8)
and
FSI
as
in
the
residential zone.
FSI
as
in
the
residential zone.
In
the 'M' Ward if any
building in the Local
Commercial Zone (C1)
or
District
Commercial Zone
(C-2) is intended for a
purely
commercial
user non-residential in
character, FSI of 1.00
would be permissible.
1.00
1.00
..
1.00
0.5 or volume to
plot area ratio of
4 m. whichever is
less
(a)
Island City :
1.33
(b)
1.00
(7)
Government
offices in
(a)
Island City :
1.33
(b)
1.00
and
Semi-Government
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Notes.(i)
(ii)
(iii)
(iv).
For housing schemes approved by the Government under sections 20 and 21 of the Urban
land (Ceiling and Regulations) Act, 1976, the tenement density etc, shall be that
permissible according to the Regulations in Appendix V herein or as may be prescribed
from time to time.
[(v) For Educational Institution & Medical Institutions, which have been certified
by ISO, builtup space equivalent to FSI to the extent of 0.30 out of FSI 1.00 in
suburbs and extended suburbs, and FSI to the extent of 0.40 out of FSI 1.33
in Island City shall be allowed to be used for Commercial user subject to
following conditions:1) Commercial use to be allowed should be ancillary to the principal use of
education/medical institutions.
[vi) For Institutional users, which have been certified by ISO, builtup space equivalent
to FSI to the extent of 0.30 out of FSI 1.00 in suburbs and extended suburbs, and FSI to
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 94
the extent of 0.40 out of FSI 1.33 in island City shall be allowed to be used for
Commercial user subject to following conditions :a)
b)
[Annexure] (5)
Sr.
no.
1
Rs.
sq.mtr.
Rs.
sq.mt.
Rs.
150001-20000/- Chakala(pt),
Rs. 7300/- + 30%
sq.mtr.
Vileparle(pt),
of
R/R
rates
Kandivali(pt),
exceeding
Rs.
Oshivara(pt), Kurla (pt), 15000/- sq.mtr.
Mulund(E) (pt)
Rs.
20001-25000/- Bandra (E)(pt)
Rs. 8800/- + 30%
sq.mtr.
of
R/R
rates
exceeding
Rs.
20000/- sq.mtr.
Rs. 10300/- +
30% of R/R rates
exceeding
Rs.
25000/- sq.mt.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 95
Rs.
sq.mtr.
Rs. 13300/- +
20% of R/R rates
exceeding
Rs.
35000/- sq.mtr.
Rs.
sq.mt.
Rs. 16300/- +
20% of R/R rates
exceeding
Rs.
50000/- sq.mtr.
Rs.
70001-100000/- Bandra (E)(pt)
sq.mtr.
Rs. 20300/- +
10% of R/R rates
exceeding
Rs.
50000/- sq.mtr.
10
Above Ra.
sq.mtr.
Rs. 23300/- +
10% of R/R rates
exceeding
Rs.
50000/- sq.mtr.
[Annexure]
(8)
Rs.7001-10000/- sq.mt.
Rs.10001-15000/- sq.mt.
Rs.15001-20000/- sq.mt.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 96
Rs.20001-25000/- sq.mt.
Rs.8800/- + 30% of
R/R rates exceeding
Rs.20000/- sq.mt.
Rs.2500135000/- sq.mt.
Bandra (E)(pt)
Rs.35001-50000/- sq.mt.
Bandra (E)(pt)
Rs.50001-70000/- sq.mt.
Bandra (E)(pt)
Rs.70001-100000/sq.mtr.
Bandra (E)(pt)
10
Above
sq.mt.
Rs.
----------------------------------------------------------------------------------------------------------------------
[
] (1) The text of clause (B)(i) of Sr. No. (1) of Table 14 of Reg. 32 is deleted
u/s. 37(2) vide Government Notification CMS/FSI/1196/CR-130/97/UD-11 Dt.
22.09.1999.
(2)
[
] The text of clause (B)(i) of Sr. No. (1) of Table 14 of Reg. 32 is added
u/s. 37(2) vide Government Notification CMS/FSI/1196/CR-130/97/UD-11 Dt.
22.09.1999 and further corrigendum under even number dated 26 th October,
1999.
[
]
The words were replaced by Government order under No. CMS/TPB4303/466/CR 200/04/UD-11 dated 21st November,2006 issued under 37(2) of MR&TP
Act,1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 97
(5)
[
]
The words were added by Government order under No. TPB4308/776/CR127/2008/UD-11 dated 3rd October, 2008 issued under 37(2) of MR&TP
Act,1966.
(6)
[
]
These words were added vide Government order under No. No.
CMS/TPB/4308/69/CR-48/08/UD-11, Dated : 12th November, 2008
(7)
These words were added vide Govt. Order under section 37(2) of
MR&TP Act, 1966 vide, notification number
CMS/TPB/4307/623/CR31/2008/UD-11 dated 5th September, 2009.
[
](8) The words were added by Government order under No. TPB4308/776/CR127/2008/UD-11 dated 24th October, 2011 issued under 37(2)
of MR&TP Act,1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 98
33. Additional Floor Space Index which may be allowed to certain categories:(1)Road widening and Construction of new Roads :The Commissioner may permit
additional floor space index on 100 per cent of the area required for road widening or for
construction of new roads proposed under the development plan or those proposed under
the Mumbai Municipal Corporation Act, 1888, excluding areas of internal means of access, if
the owner (including the lessee) of such land surrenders such land for road widening or new
road construction without claiming any compensation in lieu thereof and hands over the
same to the Corporation free of encumbrances to the satisfaction of the Commissioner. Such
100 per cent of the F. S. I. on land so surrendered to the Corporation will be utilisable on the
(1 )
remainder of the land upto a limit of [40 percent] [40 per cent in respect of plot
situated in Mumbai City and 80 per cent in respect of plots situated in the
suburbs and extended suburbs] (2 ) of the area of the plot remaining after such surrender
and the balance F.S.I. remaining thereafter shall be allowed to be utilised as a Development
Right in accordance with regulations governing Transfer of Development Rights (TDRs) in
Appendix VII, or the full FSI on the land is surrendered to the Corporation may be allowed to
be used as a Development Right in accordance with the Regulations governing Transfer of
Development Rights (TDRs) in Appendix VII. Thereafter the road land shall be transferred in
the city survey records in the name of the Corporation and shall vest it in becoming part of a
pubic street as defined in sub-section (3) of section 288 of the Mumbai Municipal
Corporation Act.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 99
City survey records in the name of the Corporation and shall vest it in
becoming part of a public street as defined in sub-section (3) of section 288 of
(33)
the Mumbai Municipal Corporation Act, 1888.]
(2) Building of Educational and Medical Institutions and Institutional Buildings :- The
Commissioner may permit the floor space indices specified in Table 14 above to be exceeded
in respect of buildings in independent plots of educational, and medical institutions and
institutional buildings of Government or public authorities or of registered public charitable
trusts [ Or of Medical Institutions run on cooperative basis established for charitable purposes and
registered under the Provisions of Income Tax Act or Maharashtra Cooperative Societies Act](***) by
100 per cent in the wards of the Island City and the suburbs or extended suburbs subject to
any terms and conditions he may specify:
Provided that in the case of additional floor space index allowed in respect of
education and medical institutions and institutional buildings as aforesaid, premium, if
any, as may be determined by Government shall be paid to the Government out of which
50 per cent shall be payable to the Corporation.
[ Provided further that, with the previous approval of Government, the FSI
in Table No. 14 for buildings of Medical Institutions on independent plots
may be permitted to be further exceeded by a maximum of 200% over and
above the additional FSI permitted as aforesaid. The further additional FSI
thus granted shall be subject to the terms and conditions enumerated
below;
Terms and Conditions
(a)
Out of the total additional FSI of 300% allowed, 50% may be availed by
utilizing Transferable Development Rights (without payment of premium)
except in the Island City, provided that the utilization of such TDR will be
allowed only after availing of the remaining additional FSI.
(b)
(c)
The additional built-up area over and above the permissible FSI shall be
utilized for bonafide medical purposes only.
-----------------------------------------------------------------------------------------[ ] (1) These words are deleted vide Government Notification No. DCR
1095/1145/CR-255/95/UD-11 Dt. 19.04.2001.
[ ] (2) These words are added vide Government Notification No. DCR
1095/1145/CR-255/95/UD-11 Dt. 19.04.2001.
(33)
[
] This clause was modified and replaced by the final sanction under section
37(2) of MRTP act, vide order no. TPB/4309/62/CR208/2009/UD-11 dated 17th June,
2010.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 100
(d)
Free medical treatment to the extent of atleast 20% of the total number
of beds shall be given to persons from economically weaker sections of
society or to persons below the poverty line. In addition, 10% of the total
number of patients in OPD shall be provided treatment at concessional
rates, viz. rates that are being charged in Government Hospitals.
(e)
(f)
(g)
(h)
(i)
The Medical Institution shall file an undertaking that it shall abide by
(3)
the above enumerated terms and conditions.]
[ Provided further that, with the previous approval of Government, the FSI in
Table No. 14 for buildings in independent plots of educational institutions may
be permitted to be further exceeded by a maximum of 200% over and above the
additional FSI permitted as aforesaid. The further additional FSI thus granted
shall be subject to the terms and conditions enumerated below.
Terms and Conditions :
a) Out of the total additional FSI of 300% allowed, 50% may be availed by
utilising Transferable Development Rights (without payment of premium)
except in the Island City, provided that the utilisation of such TDR will be
allowed only after availing of the additional FSI.
b) Such additional FSI (except the TDR component) will be permissible
subject to the payment of premium to Government as may be decided by
Government, out of which 50% shall be payable to the Corporation.
c) The additional builtup area over and above the permissible FSI shall be
utilised for bonafide Educational purposes only.
d) As and when required, some rooms of Educational Buildings shall be made
available to the Government by the concerned institutions.
e) 10% seats, out of the total capacity, shall be reserved for Government
nominees as may be recommended by the Department of Education,
Department of
Higher and Technical Education, Government of
Maharashtra.
-----------------------------------------------------------------------------------------------------------(3)
[
] This proviso is added vide Government Notification under No. DCR
1098/628/CR-94/98/UD-11 Dt. 30.10.2000.
[
](***)--- This proviso was added vide Govt. sanction under section 37(2) vide No.
TPB 4309/752/CR-60/2009/UD-11
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 101
f)
[ Provided further that in case of Suburbs and extended Suburbs, with the
previous approval of Government, and upon payment of premium as may be
determined by Government, the FSI in Table No. 14 for the buildings of Medical
Institutions on independent plots may be permitted to be exceeded by a
maximum of 400% subject to condition that no concession in regard to
marginal open spaces, height of the building, parking spaces, etc. shall be
granted subject to terms and conditions applicable as mentioned in
(5)
Government Notification dated 30/10/2000.]
[ The Commissioner may permit the Floor Space Index specified in Table 14
above to be exceeded in respect of buildings of Public Libraries in
independent plot in the manner prescribed below :
i)
ii)
iii)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 102
iv)
v)
vi)
[33(2)(A) Buildings of Private Medical Institutions:-- The Commissioner may permit the
floor space indices specified in Table 14 above to be exceeded in respect of buildings
in independent plots of private medical institutions by 100 percent in the wards of
Island City and Suburbs or Extended Suburbs,
Provided further that, with the previous approval of Government, the FSI in
Table No. 14 for buildings of Private Medical Institutions as independent plot may be
permitted to be further exceeded over and above the additional FS I permitted as
aforesaid by
(i) maximum 200% in Island City & (ii) maximum 300% in suburbs and
extended suburbs.
The above additional FSI and further additional FS I thus granted shall be
subject to the terms and conditions specified below.
Terms and Conditions:
a) Out of total additional FSI, 50% may be availed by utilizing Transferrable
Development Rights ( Without Payment of Premium) except in the island City,
provided that utilization of such TDR will be allowed only after availing of the
additional FSI.
b) Such additional FSI ( except the TDR component) will be permissible subject to
the payment of premium to Government at the rate of 10% of market value i.e.
rates of ready reckoner or as may be decided by the Govt. from time to time,
out of which 50% shall be payable to the Corporation.
c) The additional built up area over and above the permissible FSI shall be utilized
for bonafide medical purposes only.
d) Free medical treatment to the extent of at least 10% of the total number of beds
shall be given to persons from economically weaker sections of society or to
persons below poverty line. In addition, 10% of the total number of patients in
OPD shall be provided treatment at concessional rates, viz. Rates that are
being charged in Govt, Hospital.
e) The Director of Health Services, Government of Maharashtra shall be the
competent Authority to monitor as to whether the Medical Institution is
observing the terms and conditions referred to at (c), (d) above and, in case of
any breach thereof or in case the medical services being rendered by the
Medical Institution are not to the satisfaction of the Director of Health Services,
the Director of Health Services shall have right to suitably penalize the Medical
Institution.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 103
f)
g) The Medical Institution shall furnish the requisite periodical statements to the
Director of health Services in regard to (c) and (d) above.
h) A building for a Medical Institution containing mixed users ( area under non
medical users not exceeding 10% of the permissible built-up area as per table
No. 14 ) shall also be eligible for further additional FS I, to be considered on the
total net plot area.
i)
The Medical Institution shall file an Undertaking that it shall abide by the above
enumerated terms and conditions. ]
(32)
(3)[Building
[33(3)(A) Buildings of Government and the Corporation being used for staff
quarters:
The Commissioner may permit the Floor Space Indices specified in Table 14
above to be exceeded by 50 per cent in case of buildings of Government and
Municipal Corporation of Greater Mumbai for use as their staff quarters in the
suburbs and extended suburbs only.](6)
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(29 )
[
]
These words were added vide Government order under No. No.
CMS/TPB/4308/69/CR-48/08/UD-11, Dated : 12th November, 2008
(32)
[
This clause is added vide Government Notification No.
1199/ 622/ CR-70/99/UD 11
dated 10 th of March 2003.
DCR
(5)
[
]
This clause was added by DCR/10200/944/CR-44/2001/UD-11
dated 30th September, 2005 under section 37(2) of MR&TP Act , 1966.
](25)
[
This clause is deleted vide Government Gazette No. TPB 4397/979/CR144/97/UD-11 Dt. 05.07.2001
](6)
[
This clause is added vide Government Gazette No. TPB- 4397/978/CR144/97/UD-11 Dt. 05.07.2001
(21)
[
]
--This new clause was added in Regulations no. 33(2) vide final sanction
under section 37(2), from UDD in state Govt. under no. TPB/1198/1911/CR 306/1981/UD
11 dated 4 th july 2003.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 104
Chairman.
Member.
Member.
Member.
Member.
Member.
Member Secretary.
----------------------------------------------------------------------------------------------------------------------
[ ] (22) This new clause was added in Regulations no. 33(3) vide final sanction
under section 37(2), from UDD in state Govt. under No. TPB 4303/500/CR61/03/UD-11:Dated 27 th February, 2004
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 105
Island City
Total
FSI
1 to 3 Starred 3.00
Category
Hotels
4
Starred 4.00
Category
Hotels
5
Starred 5.00
Category
Hotels
Premium recovered at
the rate of ready
reckoner for additional
FSI
25% or Rs. 6000/- per
sq.mt.
whichever
is
more.
25% or Rs. 6000/- per
sq.mt.
whichever
is
more.
25% or Rs. 6000/- per
sq.mt.
whichever
is
more.
Conditions :
(1)
(2)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 106
(3)
5% of total rooms shall be reserved for total 30 days in a year for Govt. at
free of cost (only room charges) & it may be monitored by the
Maharashtra Tourism Development Corporation and protocol Department.
(4)
Additional FSI of more than 100% is permissible for one to three star
category hotels on the plot size of not less than 2500 sq.mt. and on roads
of 18mt. width or more.
(5)
Note : The use of TDR will be permissible in case of starred category residential
hotels in suburbs and extended suburbs only over and above additional FSI
granted under these Regulations subject to following conditions : -
(5)
(i)
Additional floor area to the extent of 0.5 FSI by way of utilization of TDR
(reservation TDR, road TDR or slum TDR) will be permitted over and
above the additional FSI granted in this regulations, provided overall FSI
does not exceed 3.5
(ii)
Such additional FSI (in the form of TDR) will be permitted only if
additional FSI is availed under these regulations.
(iii)
Low cost housing schemes of the Maharashtra Housing and Area Development
Authority: - The floor space index for low cost housing schemes for economically
weaker sections and low income groups of the Maharashtra Housing and Area
Development Authority, having at least 60 per cent of the tenements under
Economically Weaker Sections (EWS) and Low Income Group (LIG) categories, shall be
allowed to be increased by 20 per cent over and above the normally permissible FSI.
For the purpose of calculating the FSI. the entire area of the layout shall be considered
and under-utilised F.S.I. of the economically weaker section and low income group
scheme areas may be permitted to be utilised for Higher Income Group (HIG), Middle
Income Group (MIG) and other amenities in the Scheme, sub-division of plots will be
permissible on the basis of compulsory open spaces as in these Regulations. This
F.S.I. will be subject to the Regulations in Appendix I hereto.
The FSI for a new constructed tenements scheme of Low Cost Housing
Schemes on vacant lands for Economically Weaker Section, Low Income
Groups & Middle Income Group of the MHADA having at least 60% built up area
in the form of tenements under EWS, LIT & MIG categories shall be 2.50.
2)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 107
In Island City, for the area upto 4000 sq.mt. the incentive FSI
admissible will be 50%
In Island City, for the area above 4000 sq.mt. the incentive FSI
admissible will be 60%.
In suburban area, for the area upto 4000 sq. mt. The incentive
FSI admissible will be 60%.
In suburban area, for the area above 4000 sq.mt. the incentive
FSI will be 75%.
c)
In the redevelopment scheme either (I( difference between 2.5 FSI and the FSI
required for rehab + incentive shall be shared between MHADA and Society/Developer
in the ration of 2:1 or (ii) for additional built up area over and above the permissible
FSI as per DCR 32, MHADA shall charge premium at the rate decided by Govt. in
Housing Department from time to time
d)
In the scheme, for the land developed for societies of HIG and developed plot
allotted individually/ HIG group, the permissible FSI shall be as per Development
Control Regulation 32.
Provided that if the redevelopment of existing housing scheme of
MHADA fulfils the provision of 33(9) of the said Regulation, modified
from time to time, then it may be undertaken under Regulation 33(9).
3) For the purpose of calculating the FSI, the entire area of the layout including
development plan reads and internal roads but excluding the land under the
reservation of public amenities shall be considered. Sub-division of plots will be
permissible on the basis of compulsory open spaces as in these Regulations. For
low cost housing schemes of MHADA for EWS, LIG categories, the Regulations in
Appendix-I [excluding 1(b)] shall apply.
4) For the purpose of this Regulation the carpet areas for EWS, LIG or MIG
tenements shall be as determined by the Government from time to time.
5) For the off site infrastructure, MHADA shall pay to the MCGM 12.5% of the
charges collected by MHADA for the grant of additional FSI (FSI over and above the
normally permissible FSI) for the Redevelopment Schemes.
6)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 108
mutandis shall apply for the purpose of getting the tenements vacated from the
non co-operative members.
8) A corpus fund, as may be decided by MHADA, shall be created by the
Developer which will remain with the societies for its maintenance. ]**
------------------------------------------------------------------------------------------------------[
] ** This clause was inserted vide order under section 37(2) under No.
TPB 4308/74/CR-11/2008/UD-11Dated 6th December, 2008.
(30)
[
]
The new clause 33(4) was replaced by deleting existing one vide
govt. order under section 37(2) of MR&TP act, 1966 vide order number No. TPB
4307/815/CR-257/UD-11 dated 14th May, 2009.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 109
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 110
Provided that the maximum entitlement of rehabilitation area shall in no case exceed the
maximum limit of carpet area prescribed for MIG category by the Govt, as applicable on the date
of approval of the redevelopment project.
Provided further that the entitlement of rehabilitation area as admissible under this regulation
shall be exclusive of the area of balcony.
ii) Under redevelopment of buildings in existing Housing Schemes of MHADA, the entitlement of
rehabilitation area of any existing commercial / amenity unit in the Residential Housing Scheme shall
be equal to the carpet area of the existing unit plus 20% thereof.
B) Incentive FSI : Incentive FSI admissible against the FSI required for rehabilitation, as calculated
in (a) above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate
(LR)in Rs/Sqm. of the plot under redevelopment as per the Annual Schedule of Rates (ASR) and
Rate of Construction (RC)* in Rs/Sqm applicable to the area as per the ASR and shall be as given
in the Table B below:Basic Ratio (LR/RC)
Above 6.00
Above 4.00 and upto 6.00
Above 2.00 and upto 4.00
Upto 2.00
Explanation
Table B
Incentive (As % of Admissible Rehabilitation
Area)
40%
50%
60%
70%
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Table C
Sharing of Balance FSI
Basic Ratio
(LR/RC)
Above 6.00
Above 4.00 and
upto 6.00
Above 2.00 and
upto 4.00
Upto 2.00
MHADA Share
70%
65%
40%
60%
45%
55%
Sharing of the balance FSI: Sharing of the balance FSI shall be the same as in (C) of 2.1
For the purpose of calculating the FSI, the entire area of the layout including Development Plan
roads and internal roads but excluding the land under the reservation of public amenities shall be
considered. Sub-division of plots shall be permissible on the basis of the compulsory open
spaces as in these Regulations. For low cost housing schemes of MHADA for EWS / LIG
categories, the Regulations in Appendix-I {excluding 1(b)} shall apply.
Provided that there shall be no restriction on the utilization of the FSI permissible under this
Regulation except for the restrictions under any law, rule or regulation.
4) For the purpose of this Regulation, the carpet areas for EWS, LIG or MIG tenements shall be as
determined by the Government from time to time.
5) a) For providing the requisite infrastructure for the increased population, an infrastructure charge at the rate
of 7% of the Land Rate as per the ASR of the year of approval of the redevelopment project shall be
chargeable for the extra FSI (excluding the fungible FSI) granted over and above the normal FSI for the
redevelopment schemes. 5/7th part of the Infrastructure Charge levied and collected by MHADA shall be
transferred to the Municipal Corporation of Greater Mumbai for developing necessary offsite
infrastructure.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 112
b) No premium shall be charged for the fungible FSI admissible as per DCR 35(4) for
(i) construction of EWS/LIG and MIG tenements by MHADA on a vacant plot or
(ii) in a redevelopment project for the construction of EWS/LIG and MIG tenements towards
the share of MHADA, or
(iii) for rehabilitation component of a redevelopment project.
6) Notwithstanding anything contained in these Regulations, the relaxation incorporated in
Regulation No. 33(10) of these Regulations shall apply to the Housing Schemes under this
Regulation for construction of tenements under EWS/LIG and MIG categories. However, the front
open space shall not be less than 3.6 mt.
7)
-----------------------------------------------------------------------------------------------------------------
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(6)
(7)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 114
(14082013)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 115
otherwise permissible
Regulations:
FSI
as
specified
in
Annexure
III
of
these
(14082013)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 116
(8) [Construction for Housing the Dishoused.- For the construction of buildings
[
](9)--- This clause was added vide Government Notification No. TPB 4391/1681/CR188/91/UD-11 Dt. 25.01.99
[
] (10) Existing proviso in 33 (8) is deleted vide Government Notification No.
TPB 4391/1681/CR-188/91/UD-11 Dt. 25.01.99
[
] (27) These words are added vide Government Notification No. TPB
4391/1681/CR-188/91/UD-11 Dt. 25.01.99
31102011
)
[
] (
These words were added by Govt Notification
under No. No. TPB 4303/533/CR 63/2003/UD-11 dated 31st October,
2011, under 37(2) of MRTP Act, 1966.
14082013
)
[
] (
These words were added/deleted by Govt
Notification under No. No. TPB 4312/CR 5/2012/UD-11 dated 14th
August, 2013, under 37(1)(AA)( C ) of MRTP Act, 1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 117
(9) [Repairs
Scheme: For repairs & reconstruction of cessed buildings and Urban Renewal
Scheme undertaken by the Maharashtra Housing and Area Development
Authority or the Mumbai Housing and area Development Board or Corporation
in the Island City, the FSI shall be 4.00 or the FSI required for rehabilitation of
existing tenants / occupiers, whichever is more.
Note : - All Regulations / modifications mentioned above shall not be
applicable to the areas which are affected by Coastal Regulations Zone
Notification issued by Ministry of Environment and Forest, Government of
India vide Notification dated 19 February 1991 and orders issued from time to
time. ] (28)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 118
[
] (11) Existing proviso in 33 (9) is deleted vide Government Notification No. TPB
4391/1681/CR-188/91/UD-11 Dt. 25.01.99
[
] (28) These words are added vide Government Notification No. TPB
4391/1681/CR-188/91/UD-11
Dt. 25.01.99. These words were again replaced by
Government Notification No. TPB 4307/2346/CR-106/2008/UD-11 Dated 2nd
March, 2009.
[
] (29) These words were added by Government Notification No. TPB
4307/2346/CR-106/2008/UD-11 Dated 2nd March, 2009.
[
] (992014) This clause was substituted by the new regulation vide
final sanction under 37(1AA)(c) of MRTP act 1966, vide order no. TPB
4313/CR- 185/2013/UD11 dated 9/9/2014)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 119
Note:A)
B)
C)
-------------------------------------------------------------------------------------[
](25012012) This regulation was modified/added under final sanction
under Section 37(2) of the Maharashtra Regional and Town Planning Act.
1966, vide, Notification No. TPB 4310/1631/CR-139/2010/UD-11 Dated 25 January
2012.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 120
[
(10)
Rehabilitation of slum dwellers through owners/developers/co-operative
housing societies.- For redevelopment of restructuring of censused slums or such
slums whose structures and inhabitants whose names appear in the Legislative
Assembly voters' list of 1985 by the owners/developers of the land on which such
slums are located or by Co-operative Housing Societies of such slum dwellers a
total floor space index of upto 2.5 may be granted in accordance with schemes to be
approved by special permission of the Commissioner in each case. Each scheme
shall provide inter-alia the size of tenements to be provided to the slum dwellers, the
cost at which they are to be provided on the plot and additional tenements which the
owner/developer can provide to accommodate/rehabilitate slum dwellers/project
affected persons from other areas etc. in accordance with the guide-lines laid down
in the Regulations in Appendix IV. ] (12)
[Development Control Regulation No. 33 (10)
I Eligibility for redevelopment scheme;
(a) For redevelopment of slums including pavements, whose inhabitants'
names and structures appear in the electoral roll prepared with
reference to 1st January, 1995 or a date prior thereto, but where the
inhabitants stay at present in the structure, the provisions of Appendix
IV shall apply on the basis of a tenement in exchange for an
independently numbered structure.
(a) For this purpose, a person eligible for redevelopment scheme shall mean a
protected occupier as defined in Chapter IB of Maharashtra Slums Areas
(Improvement, Clearance and Redevelopment)Act, 1971and orders issued
(03032014)
thereunder.
(b) Subject to the foregoing provisions, only the actual occupants of the
hutment shall be held eligible, and the so called structure-owner other
than the actual occupant if any, even if his name is shown in the
electoral roll for the structure, shall have no right whatsoever to the
reconstructed tenement against that structure.
-------------------------------------------------------------------------------------------------------------------------[
] (12) Existing proviso in 33 (10) is deleted vide Government Notification No.
DCR/1095/1209/CR-273/95/UD-11 dtd.15.10.1997
(03032014)
(
)
This regulation was amended vide Govt Final sanction under
section 37(1)(AA)(C) of MRTP act, 1966 vide order no. DCR/1095/CR-38/2012/UD11 dated 3.3.2014
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 121
II
(i)
For this purpose, slums shall mean those censused, or declared and
notified, in the past or hereafter under the Maharashtra Slum Areas
(Improvement, Clearance and redevelopment) Act, 1971. Slum shall also
mean area/pavement stretches hereafter notified [or deemed to be and
(13)
as Slum Rehabilitation Areas.
treated]
(ii)
If any area fulfils the condition laid down in section 4 of the Maharashtra
Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 to
qualify as slum area and has been censused or declared and notified shall
be deemed to be and treated as Slum Rehabilitation Areas.
(iii)
Slum rehabilitation area shall also mean any area declared as such by the
Slum Rehabilitation Authority though preferably fulfilling conditions laid
down in section 4 of the Maharashtra Slum Areas (Improvement,
Clearance and Redevelopment) Act, 1971 to qualify as slum area and/or
required for implementation of any slum rehabilitation project. [Any area
where a project under Slum Rehabilitation Scheme has been approved by
CEO / SRA shall be a deemed slum rehabilitation area.] (14)
(iv)
(v)
(vi)
A structure shall mean all the dwelling areas of all persons who were
enumerated as living in that one numbered house in the electoral roll of
the latest date, upto 1st January, 1995 and regardless of the number of
persons, or location of rooms or access.
(vi) A structure shall mean all the dwelling area of a protected occupier
as defined in Chapter I-B of Maharashtra Slums Areas (Improvement,
Clearance and Redevelopment)Act, 1971and orders issued thereunder.
(03032014)
(vii)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 122
(viii)
III
IV
Denotification as Slum Rehabilitation Area : Slum Rehabilitation Authority on
being satisfied that it is necessary so to do, or when directed by the State
Government, shall denotify the slum rehabilitation area.] (15)
---------------------------------------------------------------------------------------------------------------------------[ ] (13) New words added vide Government Notification No. DCR/1095/1209/CR-273/95/UD-11
dtd 30.11.2002
[ ] (14) New words added
dtd 30.11.2002
(03032014)
(
)
This regulation was amended vide Govt Final sanction under
section 37(1)(AA)(C) of MRTP act, 1966 vide order no. DCR/1095/CR-38/2012/UD11 dated 3.3.2014
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 123
i.
ii)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 124
iii)
iv)
v)
vi) A structure shall mean by all dwelling areas of all persons who
were enumerated as living in that one numbered house in the
electoral roll of the latest date, upto 1st Jan 2000 and
regardless of the number of persons, or location of rooms or
access.
vii) A composite building shall mean a building comprising both
rehab and free-sale components or part thereof along with built
up amenity, if proposed, in the same building.
viii) Censused shall mean those slums located on lands belonging to
Government, any undertaking of Government, or Brihan
Mumbai Municipal Corporation and incorporated in the records
of land owning authority as having been censused in 1976,
1980, 1985, 1995 or prior to 1st Jan 2000.
ix)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 125
III
IV
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 126
under Section 37(2) of the Maharashtra Regional and Town Planning Act.
1966, vide, Notification No. TPB 4310/1631/CR-139/2010/UD-11 Dated 25 January
2012.
(11) Sites and Services, Small Size Tenement, under the Urban Land (Ceilings and
Regulations) Act., 1976- For development of sites and services and smaller size
tenements for housing schemes under the Urban Land (Ceiling and Regulations)
Act, 1976 approved in Appendix V hereto shall apply.
(12)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 127
[(14)
(A) The FSI may be permitted to be exceeded for the construction of Transit
Camp Tenements as shown below:
Sr. No. Location
(1)
(2)
1.
2.
3.
Total
FSI
(3)
2.5
2.99
2.33
(B) The normally permissible FSI on the plot may be used for the purpose for which it
is designated in the Development Plan.
(C) The additional FSI could be used for construction of transit camp tenements
having a carpet area of 20.90 sq.mts (225 sq.ft.) with the same specifications as for
permanent slum rehabilitation tenements which will be used for the purpose of
accommodating hutment-dwellers in transit on account of Slum Rehabilitation
Scheme for 10 years on rent to be fixed by the Chief Executive Officer of the Slum
Rehabilitation Authority. After that period, the tenements can be used by the owner
for any purpose.
(D) Or, the additional FSI could be used in the following manner:
Sr.
No.
Location
Addl. FSI
FSI
for
tenements
for SRA
(1)
(2)
(3)
(4)
(5)
1.
1.50
0.75
0.75
2.
1.66
0.71
0.95
3.
1.00
0.57
0.43
Even in areas where the normally permissible FSI is less than 1.0, the additional FSI for
permanent transit shall be mentioned as in 14(D) above and the ratio between FSI for
transit camps to be given free of cost and for sale shall remain the same as in the
Table given herein above.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 128
(16)
[]
- This clause is added vide Government Notification vide 37(2) orders under no.
TPB/4395/625/CR 301/95/Part I/UD 11 dated 17 th of May 2000.
(17)
[
]
New clause is added vide vide Government Notification No. DCR/1095/1209/CR273/95/UD-11 dtd.15.10.1997
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 129
(b)
(c)
(d)
Built Up Area equivalent to the area held by the tenant or 20.90 sq.mtr
whichever is less shall be handed over free of cost to the respective tenant by
the Developer/Owner, while for the balance built up area, sum as may be
mutually agreed to between tenant and Owner/Developer shall be paid by the
tenant. Condition to this effect shall be prescribed by the Corporation while
approving redevelopment proposal.
(e)
For the purpose of this redevelopment scheme, the owner/ developer shall get
further additional FSI to the extent of 50% of the area of the structures covered
under Sr. No. (a),(b),(c)&(d) above provided further that the overall FSI of the
Final Plot shall not exceed 3.19 in City & 2.5 in suburbs/extended suburbs.
Notes : For the purpose of this Regulations the contravening structures shall
mean:
i.
Structure situated outside the original plot but included fully or partly within
the final plot allotted to a person in the Town Planning Scheme.
ii.
Structures which are partly included in the final plot allotted to a person and
partly included in the roads sites reserved for public purpose /adjoining final
plot.
iii.
Structures which are included in the Town Planning Scheme area but situated
outside the final plot allotted to a person and are affected by sites reserved for
public purpose, provided the Planning Authority has no objection for
rehabilitation of such structures.
iv.
However, structures included in the common area comprising of original plots
and final plots shall not be treated as contravening structures.](18)
----------------------------------------------------------------------------------------------------------------------[ ] (18) This Clause is added vide Government Notification u/s. 37(2) of MR&TP Act 1966
under No. CMS/TPB 4396/80/CR-320/96/UD-11 Dt. 29.04.1998.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 130
(19)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 131
(7710)
(17)
(i)
Such additional FSI shall be available for authorised /tolerated (existing prior to
01/04/1962) cattle sheds existing in suburbs &extended suburbs only;
the development of such lands that have become vacant consequent upon
shifting of cattle shall be regulated by the zoning Regulations of the zone in which
such lands are situated.
the additional FSI shall be worked out case by case by a Committee comprising of
following members as constituted by Government in Urban Development
Department.
(ii)
(iii)
1.
2.
3.
4.
Chairman
Member
Member
Member
[33(18) -
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 132
(22)
(08052012)
-----------------------------------------------------------------------------------------------------------------
(7710)
17092010)
](
This clause was added vide government notification
under number TPB/4307/1827/CR-212/07/UD-11 dated 17th
September, 2010.
]
(22)
This clause was added vide orders under 37(2) of MR&TP Act,
(08052012)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 133
(21)
(24) [Development of Multi storied/Parking lots: - With previous approval of Govt., for
development of multi-storied /parking lots on any plot abutting the roads and/or
stretches of road, additional FSI, as specified below on built up parking area, created
and handed over to MCGM free of cost, shall be allowed on the land belonging to the
private owners, which is not reserved for any public purposes.
[(24) Development of Multi Storey Public Parking Lots (PPL):-With the previous
approval of the Govt.,for development of Multi Storey Public Parking Lots on any
plot abutting a road and/or a stretch of road, additional FSI (hereinafter referred to as
Incentive FSI) as specified below on built up parking area, created and handed over
to the MCGM free of cost, shall be allowed, on the land belonging to a private owner,
which is not reserved for any public purpose, subject to the conditions contained
(06082014)
herein below :-]
This will be subject to following conditions :
i)
The minimum area of plot shall be 1000 sq.mt. in Island City & 2000 sq.mt. in
suburb and extended suburbs of Gr. Mumbai. The minimum number of Motor
Vehicle public parking spaces provided shall not be less than 50 subject to
minimum parking space of 700 sq.mt. The location of parking spaces can be in
basement, ground floor or upper floors, with access through ramps / lift or
combination of both subject to clearance from Chief Fire Officer with special
emphasis on fire hazard.
ii)
iii)
The incentive FSI given on this account will be over and above the FSI
permissible under any other provisions of DCR. This incentive FSI shall be
allowed to be used on the same plot in conformity with DCR/DP, within the
overall cap/limit of total maximum permissible FSI as given (vii) below.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 134
iv)
v)
vi)
Area covered under parking shall not be counted towards FSI consumption.
vii)
Additional FSI on built up parking area and total permissible FSI including
additional FSI shall be as follows.
Sr.
No.
Location
Permissible
additional FSI
on built up
parking area.
50%
40%
a) Island City :
i) Independent = 3.50
Building .
ii) Composite = 3.00
Building.
For public parking.
b) Suburb & Ext. Suburbs :
i) Independent = 3.00
Building.
ii) Composite = 2.50
Building.
(24)
[(vii)The incentive FSI permissible under this Regulation against the built up area of
the public parking lot, shall be 50% of the built up area of the public parking lot, such
that the total permissible FSI including the incentive FSI under this Regulation does
not exceed 4.0 in the Island City and 3.0 on the Suburbs/Extended Suburbs.
(viii)Public Parking shall be limited to G + 4 and three basements.
(ix)The maximum cap on the built up area per parking shall be 50.00 sq.mtr. for
LMVs,65.00 sq.mtr for LCVs and 12.00 sq.mtr. for HMVs/Buses. The Incentive FSI
shall be calculated as per the built-up area of the PPL, based on these norms or the
actual built-up area of the PPL, whichever is less.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 135
(x) The developer of the public parking lot (PPL) shall pay premium, worked out as
per the following formula:Premium = 40% of [Value of the additional built up area corresponding to the
incentive FSI admissible under this Regulation, as per the A.S.R. prepared by the
I.G.R. Maharashtra State (Cost of construction of PPL + cost of any extra
amenities/facilities provided + cost of construction of built up area corresponding to
the incentive F.S.I. admissible under this Regulation)]
For the purpose of calculating premium as above, the cost of construction of
PPL including amenities/facilities and the cost of construction of built-up area
corresponding to the Incentive FSI admissible under this Regulation for the financial
year 2011-2012 shall be taken as Rs.15,000/- per sq. mtrs. and Rs. 25,000/- per
sq.mtr. respectively. Revised construction costs shall be notified by the Municipal
Commissioner of Municipal Corporation of Greater Mumbai every year in April,
based on the average increase in Material Price Index of RBI (70% weightage ) and
Labour Index (CPI) (30% weightage) during the previous financial year, over the year
preceding that.
Provided that all the developments of public parking lots for which letter of
Intent has been issued by the Corporation as per the DC Regulations 33(24),
published vide Notification dated October 20,2008, excepting those which have
progressed substantially, shall have to follow the provisions of the Regulations 33(24)
as amended vide this Notification and shall have to pay the premium at the rate of
50% of what they could have otherwise been required to pay as per the amended
provisions.
(xi) The Premium shall be paid in two stages 50% before the issuance of I.O.D. for
the PPL and 50% before the issuance of C.C. for the incentive FSI admissible under
this Regulation.
Upon Payment of 100% premium as foresaid, C.C. shall be issued in respect
of 50% of the incentive FSI.
In no case shall the remaining 50% Incentive FSI be released without the
handing over of the public parking lot , complete - in all respects, to the Corporation.
The year in which 50% premium is paid before the issuance of I.O.D. for the
PPL shall be taken as the year for determination of construction cost as well as ASR
for calculation of the premium. Out of the total premium payable, 50% shall be paid
to the State Government and the remaining 50% to the Corporation.
(xii) The public parking lots, for which letter of intent has been issued by the
Corporation as per the Development Control Regulation 33(24) published vide
Notification dated October 20, 2008, but which have not been handed over to the
Corporation, may be allowed to retain FSI as approved prior to the coming into force
of this amended Regulation, with prior approval of the State Government, provided
they pay premium as per provisions of this amended Regulation for the entire
(06082014)
incentive FSI.]
19)
[
](
- This clause is added vide Government sanction u/s. 37(2) of M. R. & T. P.
Act 1966 under No. TPB. 4398/1234/CR-201/ 98/Ud-11 Dt. 17.02.2000 and subsequently
modified in July, 2010.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 136
20)
[
](
- This clause is added vide Government Notification No. TPB
4396/1684/CR-323/96/UD-11 Dt. 29.04.2002.
](21) This clause is added vide orders under 37(2) of MR&TP Act, 1966
(24)
This clause was added vide Govt order under section 37(2) under No.
TPB-4305/2736/CR-338/05/UD-11 Dated 20th October, 2008.
(06082014)
[33(25) Additional FSI to Religious building-The Municipal Commissioner may permit the floor space indices to be
exceeded in respect of buildings of religious purposes of registered Public Trust by 0.5
subject to following terms and conditions-i.
ii.
Additional FSI shall be used for religious purpose only. However without taking
into account the additional FSI, ancillary residential and ancillary commercial
user will be permissible upto 10% of total plot area.
iii.
iv.
v.
vi.
vii.
(25)
--------------------------------------------------------------------------------------------------------------------------[
] (25) This new clause was added vide Govt. order under 37(2) of MRTP act,
Vide Notification no. TPB/4309/581/CR-37/2009/UD-11 dated 2nd March, 2009.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 137
34.
In certain circumstances the development potential of a plot of land may be separated from
the land itself and may be made available to the owner of the land in the form of
Transferable Development Rights (TDR). These Rights may be made available and be
subject to the Regulations in Appendix VII hereto.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 138
(5)
[Area of the amalgamated
plots (2 or more ) is more than
2125 sq. mt.] (6)
Industrial Zones.
Industrial Plots (1) Upto 1000 sq.m.
.. ..
(2) More than 1000 sq.m. .. ..
[Total area subject to following conditions :--1) This is applicable only in case of plots where total area
of amalgamated plots is not exceeding 10000 sq. mt.
2) That the amalgamation is proposed after the DCR 1991
have come into force.
3) That no single plot in the amalgamated plot is larger in
size than 2125 sq. mt. and further no individual plot shall
have area more than 50 % of the total amalgamated area.
4) A new and separate property card shall be produced in
respect of amalgamated plots.
5) At least 15% Recreation Ground shall be kept open to
sky and shall be developed as Recreation Ground by
plantation of trees.
6) All other provisions of D.C. Regulations shall be followed
while allowing development of such amalgamated plots.
7) If
the amalgamated plot is developed by taking
advantage of these Regulations at no time in future any sub division would be allowed.] (6)
Note - The occupation certificate for buildings constructed for residential /commercial use shall
be granted by the Commissioner only after recreational area is developed and structure for
recreational activities are actually provided on site.
(ii)In case of Government/Semi-Government Department and Organisations /Public Sectors
Authorities/Undertakings such as the Atomic Energy Department , the Civil Aviation Department
International Airport Authority of India , Defence authorities , Railway authorities and the
Mumbai Port Trust , for computing the available floor space index , the area of lands not
designated /reserved but shown as such in the development plan for the following purpose shall
be excluded:(a)
Playgrounds, stadia, golf courses ;
(b)
Parade grounds, training grounds, firing ranges ;
(c)
Green areas within their complexes ;
(d)
Lands kept open for operational purposes ;
(e)
Lands under major internal roads ;
(f)
Railway tracks and yards ;
(g)
Lands unauthorisedly reclaimed ;
(h)
Lands of air-fields and air-strips .
-------------------------------------------------------------------------------------------------------------------(6)
[
]
This new clause is added vide Government sanction u/s. 37(2) of
M. R. &
T. P. Act 1966 under No. DCR /1095/1624/CR 376/95/UD 11 dated 16 th June 2003.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 139
(7)
[
]
This clause was inserted vide Govt. orders under section 37(2) of
th
M.R.&T.P. Act, 1966 vide order No.TPB 4304/2770/CR-312/04/UD-11: Dated the 14
May, 2007.
(8)
The following clause was added vide order under section 37(2) of
MR&TP Act, 1966 vide No. CMS/4306/440/CR-192/08/UD-11 dated 9th March,
2010
[
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 140
(2). Exclusion from FSI computation The following shall not be counted towards FSI :(a)
(b)
(c)
Areas of structures permitted in recreational open space under clause (g) of subRegulation (1) of Regulations 23.
Areas covered by features permitted in open spaces as listed in Regulation 30.
Areas covered by stair-case rooms, lift rooms above the topmost storey, lift-wells and
stair-cases and passages thereto, architectural features, chimneys and elevated tanks
of permissible dimensions in respect of buildings in the Island City, Suburbs and
extended suburbs with the special permission of the Commissioner :
Provided that in the wards of the Island City such exclusion from FSI computation will
be available in respect of buildings to be constructed or reconstructed only, the same
being not available for existing buildings or proposals decided by the Corporation prior
to the coming into force of these Regulations,
[and such exclusion will not be
available for reconstruction schemes with FSI exceeding 2.00 in Island City:] (2)
[Provided further that the reconstruction scheme with FSI exceeding 2.00 under
Development Control Regulations Nos. 33(6) such exclusion will be permissible as
per guidelines here under: i. While working out total existing built up area, the built-up area of
existing staircase will, not be taken into account.
ii. In redevelopment / reconstruction schemes, the staircase and liftwell areas as per the provisions of said Regulations will be
permitted free of FSI.
iii. The premium for the area of the staircase and lift-well will be
recovered after working out the area of the staircase and lift-well
in the proposed building minus area of the existing staircase, liftwell etc., if any.](3)
Provided further that where the permissible FSI has not been exhausted in the case of
existing buildings and cases decided by the Corporation prior to coming into force of
these Regulations, the exclusion from FSI computation as in these Regulations will be
available for construction of balance potential.
-----------------------------------------------------------------------------------------------------------------------------------
[
](2) - These words are deleted u/s. 37(2) of MR&TP Act 1966 vide Government
Notification No. TPB/4397/458/CR 63/97 UD 11Dt. 31.05.1999.
[
](3) - This proviso is added u/s. 37(2) of MR&TP Act 1966 vide Government
Notification No. PB/4397/458/CR 63/97 UD 11Dt. 31.05.1999.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 141
(d)
Area of fire escape stairways and cantilever fire escape passages according to the
Chief Fire Officers requirements as in sub-Regulation (5) of Regulation 44.
(e)
(f)
(g)
(h)
(i)
Area of the sanitary blocks (s) consisting of a bathroom and water closet for each wing
of each floor of a building of prescribed dimensions deriving access from a common
passage as provided in sub-Regulation (4) of Regulation 38 for the use of domestic
servants engaged in the premises.
Refuge area as provided in sub-Regulations (7) of Regulation 44.
(j)
i.
ii.
iii.
iv.
v.
vi.
vii.
(k)
(l)
reconstruction schemes with FSI of 2.00 or more in the Island City.] (4)
(m)
Areas covered by service ducts, pump rooms, electric substations, niches upto 1m. depth
below window sill, passages and additional amenity of lift and/or staircase beyond those
required under the Regulations with the permission of the Commissioner.
(n)
(o)
Area of one milk booth under the public distribution system with the permission of the
Commissioner.
(p)
Area of one public telephone booth and one telephone exchange (PBX) per buiding with
the permission of the Commissioner.
(q)
(r)
Area of a separate letter box on the ground floor of residential and commercial buildings
with five or more storeys to the satisfaction of the Commissioner (vide sub-Regulation(12)
of 'Regulation 38).
[ ](4) - These words are deleted u/s. 37(2) of MR&TP Act 1966 vide Government
Notification No. TPB/4397/458/CR 63/97 UD 11Dt. 31.05.1999.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 142
(s)
Area covered by new lift and passage thereto in an existing building with a height upto
16m. in the Island City (vide clause (iv) of sub-Regulation (19) of Regulations 38)
(t)
Area of a covered passage of clear width not more than1.52m.(5ft.)leading from a lift
exit at terrace level to the existing staircase so as to enable descent to lower floor in a
building to reach tenements not having direct access to a new lift in a building without an
existing lift.
(u)
[ Any covered antenna / dish antenna / communication tower used for Telecom
(basic cellular or satellite telephone) or ITE purposes, V-Sat, Routes, Transponders
or similar IT related structure or equipment](5)
(v)
[Area of one fitness centre for a Co-Op. Housing Society or Apartment Owners
Association as provided in sub-regulation 38(32).](7)
-----------------------------------------------------------------------------------------------------------------------(5)
[ ]
- This clause was added vide Government sanction u/s. 37(2) of
M. R. & T. P.
Act 1966 under No. TPB. 4398/1234/CR-201 98/Ud-11 Dt. 17.02.2000.
(7)
[ ]
This clause was added vide Government sanction u/s. 37(2) of
M. R. & T. P.
Act 1966 under No. TPB-4303/12/CR-249/03/UD-11 Dated 8th September,2006.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 143
and 35(3) and new regulation 35(4) added vide Final sanction by State Government
under 37(1)(AA)(C) of MRTP Act, 1966, vide order number CMS 4311/452/CR58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 144
Provided, however, the additional parking to the extent of 25% of the required
parking may be permitted with permission of the Commissioner without payment of
premium.
Provided further in non-residential building, where entire parking is proposed by
mechanical / automatic means, additional parking to the extent of 10% of the
required parking shall be permitted free of FSI as vehicle holding area.
(vii)
Area of one office room of a co-operative housing society or
apartment owners association as provided in sub-Regulation (11) of
Regulation 38.
(viii)
Lofts [vide sub-Regulation (5) of Regulation 38.]
(ix) Porches [vide sub-Regulation (20) of Regulation 38].
(x) Canopy [vide sub-Regulation (21) of Regulation 38].
(xi) Area of structures for an effluent treatment plant as required to be provided,
as per the requirements of the Maharahstra Pollution Control Board or
other relevant authorities:
Provided, however, in the case of an existing industry, if no vacant land is
available the Commissioner may permit the structures with dimensions to be
approved by him for such effluent treatment plant on 10 per cent amenity
open space.
(xii)
A chajja, cornice, weather shade, sun-breaker; at lintel level only;
projecting not more than 1.2 m. from the face of the building as provided in
sub regulation no. 30 (ii) (e)(i).
Further Chajja, Cornice, Weather Shade, sun breaker or other ornamental
projections etc. shall be permissible upto 0.3 mt. in Gaothan area for the plots adm.
upto 250 sq.mts
(xiii)
A chajja, cornice, weather shade, sun-breaker over a balcony or
gallery, as provided in sub regulation no. 30 (ii)(f)(i)
(xiv)
Area covered by pump rooms, electric substations.
(xv)
Area covered by new lift and passage thereto in an existing building
with a height upto 16m. in the Island City [vide clause (iv) of sub-Regulation
(19) of Regulations 38]
(xvi)
Area of a covered passage of clear width not more than 1.52m (5ft.)
leading from a lift exit at terrace level to the existing staircase so as to
enable descend to lower floor in a building to reach tenements not having
direct access to a new lift in a building without an existing lift.
(xvii)
Area of one fitness centre for a Co-Op. Housing Society or
Apartment Owners Association as provided in sub-regulation 38(32).
(xviii)
The fire chutes as provided under D.C.Regulation no. 44(8)
(xix)
The refuge areas subject to D.C.Reg. 44(7)
(xx)
Fire Check floor / Service Floor of height not exceeding 1.8 mt.
(xxi)
Entrance lobbies in stilted portion, height not exceeding 7.2 mt..
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(xxii)
Open to sky swimming pool at the terrace above the top most storey
or on the top most podium only.
(xxiii)
Area of the service ducts abutting Sanitary Block not exceeding 1.2
Mtr. in width. In case of high rise buildings higher width/size as per
requirement and design approved by Commissioner but not exceeding 2.0
mts.
(xxiv)
Ornamental projection of glass faade/glazing not exceeding 0.30m
from building line for non-residential building.
(xxv)
Area covered by chimney, elevated tanks (provided its height below
the tank from the floor does not exceed 1.5 m)
(xxvi)
Area of sanitary block for use of domestic servants engaged in the
premises, not exceeding 2.2 sq.mts at staircase mid-landing level and at stilt,
parking floor level.
Note :
i. Areas covered by the projections exceeding those specified in clauses
xii, xiii, xxiii and xxiv above shall be counted in FSI.
ii. Open to sky swimming pool at any level other than (xxii) above,
excluding at ground level as provided in D.C.regulation 30 (ii), shall be
counted in FSI.
iii. Any passage by whatever name not covered under D.C.R. 35(2) shall
be counted in FSI.
-------------------------------------------------------------------------------------------------------
and 35(3) and new regulation 35(4) added vide Final sanction by State Government
under 37(1)(AA)(C) of MRTP Act, 1966, vide order number CMS 4311/452/CR58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 146
35(3)
-------------------------------------------------------------------------------------------------------
and 35(3) and new regulation 35(4) added vide Final sanction by State Government
under 37(1)(AA)(C) of MRTP Act, 1966, vide order number CMS 4311/452/CR58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 147
D.C.Regulation 35(4)
Compensatory Floor Space Index (FSI):Notwithstanding anything contained in the D.C.Regulations 32, 33 & 34, the
Commissioner may, by special permission, permit fungible compensatory Floor
Space Index, not exceeding 35% for residential development and 20% for
Industrial/Commercial development, over and above admissible Floor Space Index,
by charging a premium at the rate of 60%, 80% and 100% of the Stamp Duty Ready
Recknor Rate, for Residential, Industrial and Commercial development
respectively.
Provided in case of redevelopment under regulation 33(7),33(9) & 33(10) excluding
clause no.3.11 of Appendix-IV of Development Control Regulation 1991, the
fungible compensatory F.S.I. admissible on rehabilitation component shall be
granted without charging premium.
Provided further that redevelopment under D.C.regulations no. 33(5) and
redevelopment proposal of existing buildings in suburbs and extended suburbs by
availing TDR, the fungible compensatory F.S.I. admissible on F.S.I. consumed in
existing structure shall be granted without charging premium.
Provided further that such fungible compensatory FSI for rehabilitation
component shall not be used for free sale component and shall be used to give
additional area over and above eligible area to the existing tenants / occupants.
Provided, that this regulation shall be applicable in respect of the buildings to be
constructed or reconstructed only.
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Explanatory Note:i)Where IOD/IOA has been granted but building is not completed, this regulation
shall apply only at the option of owner /developer,
ii) For plots/ layouts, where IOD is granted for partial development, this Regulation
will apply for the balance potential of the plot,
iii)
The fungible FSI is useable as regular FSI,
Provided, further, the development in Coastal Regulation Zone (CRZ) areas shall
be governed by the Ministry of Environment & Forests Notification issued from
time to time.
Note: The premium amount collected shall be kept in a separate Account
to be utilized for infrastructure development.
-------------------------------------------------------------------------------------------------------
and 35(3) and new regulation 35(4) added vide Final sanction by State Government
under 37(1)(AA)(C) of MRTP Act, 1966, vide order number CMS 4311/452/CR58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 149
36.
(1)
General Space Requirement -(i) Types -The parking spaces mentioned below
include parking spaces in basements or on a floor supported by stilts, or on upper
floors, covered or uncovered spaces in the plot and lock-up garages.
(ii)
Size of Parking Space.-The minimum sizes of parking spaces to be provided
shall be as shown below:-
Type of Vehicle
.. .. ..
2.5 m X 5.5 m.
.. .. ..
3 sq.m.
(c) Bicycle
(d) Transport Vehicle
.. .. ..
.. .. ..
1.4 sq.m.
3.75 m. X 7.5 m.
Note.- In the case of parking spaces for motor vehicles, upto 50 per cent of the
prescribed space may be of the size of 2.3 m X4.5 m.
(iii)
Marking of Parking Spaces.-Parking spaces shall be paved and clearly
marked for different types of vehicles.
(iv)
Manoeuvring and other ancillary Spaces.- Off-street parking space must
have adequate vehicular access to a street, and the area shall be exclusive of
drives, aisles and such other provisions required for adequate manoeuvring of
vehicles.
(v)
Ramps for Basement Parking:-Ramps for parking in basements should
conform to the requirements of sub-regulations (18) of Regulation 38.
(2)
Occupancy
(2)
(i) Residential
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 150
Educational
Government or semi-public or
private
office
business
buildings.
Mercantile(Markets,
Department, stores, shops and
other commercial users).
Industrial
.. .. ..
Storage
.. .. ..
Hospitals
and
Institutions ..
Medical
9.
10.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 151
11
(1)
[TABLE 15]
Off Street Parking Spaces
Serial
No.
(1)
1
Occupancy
(2)
(i) Residential
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iv) For Grade I, II and III One parking space for every 60 sq.mt. of total
Hotels
floor area of a lodging establishment.
a) For Grade I hotels and eating houses, one
parking space for every 12.5 sq.mt. of area of
residential including hall, dinning room, pantry
and bar.
b) For Grade II and III hotels and eating
houses, one parking space for every 40 sq.mtr.
of restaurant including hall, dinning room,
pantry & bar
Educational
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 153
6
7
8
9.
10.
11
Note.- In reconstruction schemes under the Maharashtra Housing and Area Development
Act, 1976, not involving change of use in the Island City and in gaothan areas elsewhere ,
on narrow plots upto 9m. in width, the requirement of parking spaces shall not be insisted
upon.
(3) Other vehicles.-For all non-residential, assembly and non-assembly occupancies,10 per
cent additional parking spaces, subject to a minimum of two spaces shall be provided in
addition to what is prescribed in these Regulations.
(4) Transport Vehicles .- In addition to the parking spaces provided for mercantile
(commercial) buildings like offices, markets, department stores and for industrial and
storage buildings, parking spaces for transport vehicles shall be provided at the rate of
one space for each 2000 sq.m. of floor area or fraction thereof exceeding the first 400
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 154
sq.m. of floor area. The space shall not be less than 3.75 m x 7.5 m. in size and more
than 6 spaces need not be insisted upon.
(5) Parking Spaces. - Where to be accommodated-The parking spaces may be provided,(a) underneath the building, in basements within its stilted portion, or on upper floors;
(b) in the side and rear open spaces, but not in the amenity open spaces, if,(i.)
(ii.)
(iii.)
(c)
(d)
(iv.)
garages;
(v.)
the parking layouts meet the requirements of the Chief Fire Officer in the case of
multi- storeyed, high rise and special buildings.
in a residential zone, beyond the compulsory side and rear open spaces stipulated in
sub-regulations 2 of Regulation 26, if other conditions under sub-rule (b) above are
satisfied. Here the parking space may be an unenclosed covered space.
in a residential zone and a residential zone with shop line, with covered parking garages
with open type enclosures of a size of 2.5 m. X 5.5 m. with a height of 2.75 m. above
ground level, at the rate of one covered garage for every 400 sq.m. or part thereof of plot
area, in side or rear open spaces, at a distance of not less than 7.5 m. from any street
line or the front boundary of the plot:
Provided that the same is 1.5 m. from the building and the condition in (b) (v) above is
complied with.
(6)
Cinemas, Theatres and Assembly Halls.-Subject to the provisions of sub regulation (5)
above, in sites of cinemas, theatres, auditoria and assembly halls, one row of uncovered
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 155
parking may be allowed in the front margin space of 12 m. or more, if the clear vehicular
access way is not reduced to less than 6 m.
(6) Common Parking Space.-If the total parking space required by these regulations is
provided by a group of property owners for their mutual benefit, such use of this space
may be construed as meeting the off-street parking requirements under these Regulations
subject to the approval of the Commissioner. If such common parking space is proposed
for a group of buildings, the owners of such buildings shall submit a layout thereof and
also a registered undertaking stating that the area earmarked for the parking space will
not be built upon.
(06012012)
[
]
Final sanction to Modification by State Government under
37(1)(AA)(C) of MRTP Act, 1966, vide order number CMS 4311/452/CR58/2011/UD11,Dated 6th January, 2012
(1)
Entire Table No. 15 for off street parking norms was modified vide
Govt. Final sanction under section 37(2) of MRTP act, 1966 vide . TPB
4308/507/CR-76/2008/UD-11 dated 12th August, 2009.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 156
PART III
GENERAL BUILDING REQUIREMENTS
37. General.Space requirements of various parts of Buildings etc.-This Part sets out the standard
space requirements of various parts of a building and house of light and ventilation,
the building services, fire safety, etc. Some of these items depend on the number of
persons who would normally occupy the building, for which the occupant load
should be worked out from Table 17 hereunder:
TABLE 17
Occupant Load
Serial
No.
(1)
Type of Occupancy
1
2
3
4
Residential
Educational
Institutional
Assembly :
(a)With fixed or loose seats and dance floor
(b)without seating facilities including dining rooms
Mercantile :
(a)Street floor and sales basement
(b)Upper sale floors
Business and Industrial
Storage
Hazardous
6
7
8
(2)
*The occupant load in dormitory portions of homes for the aged, orphanages or
mental hospitals etc. where sleeping accommodation is provided, shall be calculated
at not less than 13.3, persons per 100 sq.m.
** The plinth or covered area shall include, in addition to the main assembly room or
space, any occupied connecting room or space in the same storey or in the storeys
above or below where entrance is common to such rooms and spaces and they are
available for use by the occupants of the assembly place. No deductions shall be
made in the plinth/covered area for corridors, closets and other sub-divisions; that
area shall include all space serving the particular assembly occupancy.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 157
Serial
No.
(1)
1
2
5
6
Table 18
Minimum size and width of Habitable Rooms
Occupancy
Minimum size in
Minimum width in m.
sq.m.
(4)
(2)
(3)
Any habitable room ..
9.5
2.4
Rooms in a two-room tenament (a)one of the rooms .. ..
9.6
2.4
(b)other room
.. ..
7.5
2.4
Rooms in a two-room tenament of
a site and services project (a)one of the rooms .. ..
9.3
2.4
(b)other room
.. ..
5.6
2.3
Single-bedded room in a hostel of
7.5
2.4
a
recognised
educational
institution.
Shop
.. ..
6.0
.
Class room in an
38.0
5.5
educational building ..
or area at the
rate of 0.8 sq.m.
per
student,
whichever is more
Institutional building(a) special room .. ..
9.5
3.0
(b) general ward .. ..
40.0
5.5
Cinema
hall,
theatre,
In conformity with the Maharashtra Cinema Rules.
auditorium, assembly hall, etc.
Provided that in sites and services projects, a room of 5.6 sq.m. with a toilet arrangement
may be allowed in the first phase, and in the second phase, another room 9.3 sq.m. may be
added. Provided further that an additional bedroom for occupancy of a single person with a
size of 5.5sq.m.with a minimum width of 1.8 m. may be permitted.
(ii)
Height.- (i)The minimum and maximum height of a habitable room shall be as given
in Table 19 hereunder:-
(ii) [Notwithstanding the above restriction as stated in Table 19, any telematic equipment storage
(1)
erection facility can have a height as required for effective functioning of that system]
[Notwithstanding the above restrictions as stated in Table 19, for cinema/TV films production,
shooting, editing, recording studios, more height as required for their effective functioning shall
(2)
be permitted]
------------------------------------------------------------------------------------------------------------------------------
[
](1) - This clause is added vide Government sanction u/s. 37(2) of
Act 1966 under No. TPB. 4398/1234/CR-201 98/UD-11 Dt. 17.02.2000.
M. R. & T. P.
[
](2) This proviso is added vide Government Notification u/s. 37(2) of MR&TP
Act 1966 under No. TPB 4320/1364/CR171/2000/UD-11 Dt. 10.09.2001.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 158
TABLE 19
Height of Habitable Room
Serial
No.
Occupancy
(2)
Minimum
height
(in meters)
(3)
Maximum
Height
(in meters)
(4)
(1)
1
2.75
4.2
2.6
4.2
2.4
4.2
(b)
Habitable room in High Density
Housing.
(c) Air-conditioned habitable room
(d)Assembly halls, residential hotels of 3
(3)
star category and above [rooms in]
institutional,
educational,
industrial,
hazardous
or
storage
occupancies
department stores, entrance halls and
lobbies to department stores and assembly
halls.
(3)
[
] These words are deleted by
UDD Corrigendum Under No. DCR
/1090/RDP/UD-11 Dt. 22.07.1994
(b)
Habitable room in High Density
Housing.
(i)
(ii)
(iii)
3.6
4.2
Subject
to
the
written permission of
the
Commissioner,
greater height may
be permitted.
2.75
(average with 2.1
m. at the lowest
point).
4.2
(average with 3.2
m. at the lowest
point).
2.6
(average with 2.0m.
at the lowest point).
4.2
(average with 3.2
m. at the lowest
point).
Provided thatthe minimum clear head-way under any beam shall be 2.4 m.
in all occupancies, except those included in Serial No. 1(d) in the Table above, any height
in excess of 4.2 m. shall be deemed to have consumed an additional FSI of 50 per cent of
the relevant floor area.
other requirements.- One full side of a habitable room must abut an exterior open space
same as provided in sub-regulation (9) of Regulation 29.
(ii) Height.- (i)The minimum and maximum height of a habitable room shall be as given in
Table 19 hereunder:(ii) Notwithstanding the above restriction as stated in Table 19, any telematic equipment
storage erection facility can have a height as required for effective functioning of that
system
Notwithstanding the above restrictions as stated in Table 19, for cinema/TV films
production, shooting, editing, recording studios, more height as required for their effective
functioning shall be permitted
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TABLE 19
Height of Habitable Room
Sr.
No.
Occupancy
(1)
1.
(2)
Flat roof.
(a) Any habitable room
2.75
3.9
2.6
3.9
2.4
3.9
3.6
4.2
subject
to
the
written
permission
of
the
Commissioner greater height
may be permitted.
3.0
3.9
2.75
(average
with 2.1 M
at
the
lowest
point)
3.9
(average with 2.8 M at the
lowest point).
2.6
(average
with 2.0 M
at
the
lowest
point).
3.9
(average with 2.7 M at the
lowest point).
e) Shops.
2.
Pitched roof
(a) Any habitable room
Minimm
height
(in meter)
Maximum height
(in meters)
(3)
(4)
Provided that- (i) the minimum clear head-way under any beam shall be 2.4 m.
(iii)
ii)In all occupancies except those included in Sr. No. 1 (d) in the table above, any height in
excess of 3.9 Mtr. shall be deemed to have consumed an additional F.S.I. of 50% of the
relevant floor area.
other requirements.- One full side of a habitable room must abut an exterior open space
same as provided in sub-regulation (9) of Regulation 29.
------------------------------------------------------------------------------------------------------------[
(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 160
(3)
Kitchen.-(i) Size-(a) General.- The area of a kitchen shall not be less than 5.5 sq.m. with a
minimum width of 1.8 m. but in a two room tenament the minimum area of the room to be
used as a kitchen shall be 7.5 sq.m. with minimum width of 2.1 m.
(b)
High Density Housing.- No kitchen need be provided. An alcove (cooking space with direct
access from the main room without a communicating door) will suffice; its size shall not be
less than 2.4 sq.m. with a minimum width of 1.2m. If a separate kitchen is provided, it shall
be at least 4 sq.m. in area with a minimum width of 1.5 m.
(ii)
Height.- The height of a kitchen shall be the same as that of a habitable
room as stipulated in clause (ii) of sub-Regulation (2) of this Regulation.
.
(iii)
Area
(in
(i) Bathroom
..
..
..
..
1.5
1.1
2.2
sq.m.)
1.1
0.9
1.1
A sanitary block consisting of a bathroom and water closet for each wing of each floor at
each staircase level of the building for the use of domestic servants engaged on the
premises may be permitted by the Commissioner.
(ii)
High Density Housing and Low Cost Housing.- The minimum dimensions of
an independent bathroom shall be 1.3m.X1.1m. and for combined bathroom and water
closet (WC) the size shall be 2 sq.m. with minimum width of 1.1m.
(iii)
Height.-The height of a bathroom or a water closet measured from the
surface of the floor to the lowest point of the ceiling (bottom of slab) shall be not less than
2.2m.
(iv)
Other Requirements- (a) Every bathroom or water closet shall be so
situated that at least one of its walls shall abut on to an exterior open space or an
interior/exterior chowk of the size specified in clause (a) of sub-regulation (3) of
Regulation 29 or a ventilation shaft of the size specified
in sub-regulation (2) of
Regulation 42 with the openings (windows, ventilators, louvers) not less than 0.3 sq.m. in
area or 0.3 m in width.
(b.)
No bathrooms or water closet shall be situated directly over any
room other than another water closet, washing place, bathroom or terrace unless the said
floor is made impervious with adequate water-proofing treatment. However, in no case
shall a water closet or bathroom be provided over a kitchen.
(c.) Every bathroom or water closet shall have the platform or seat or flooring made of
water-tight non-absorbent material.
(d.) It shall be enclosed by walls or partitions and the surface of every such wall or
partition shall be finished with a smooth impervious material to a height of not less than
1m. above the floor of such a room.
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(e.) It shall be provided with an impervious floor covering sloping towards the drain with
a suitable grade and not towards a verandah or any other room.
(f.) No room containing water closets shall be used for any purpose except as a
lavatory.
(g.) Every water closet and/or a set of urinals shall have a flushing cistern of adequate
capacity attached to it. In High Density Housing, however, no such flushing cistern need
be provided.
(h.) In High Density Housing, pour flush water seal latrines (NEERI type) may be
permitted when the municipal sewerage system is not available and the water table
in the area is not high.
(i) All the sewerage outlets shall be connected to the municipal sewerage system.
Where no such system exists, a septic tank shall be provided within the plot
conforming to the requirements of sub-regulation 30 of Regulation 38.
(5)
Loft- (1) Location and extent.-Lofts may be provided over kitchens, habitable rooms,
bath-rooms, water closets, and corridors within a tenement in residential buildings, over
shops, and in industrial buildings, subject to the following restrictions:Serial
No.
(1)
1
2
water
closet,
Industrial
33 1/3
50
33 1/3
Provided that (a) lofts in commercial or industrial buildings shall be located at least 2 m.
away from the entrance; and (b) loft area shall not be counted towards F.S.I. subject to (ii)
below.
(ii)
Height.-The clear head-room under a loft shall not be less than 2.2 m. and that above it
shall not be more than 1.5 m. if exceeds 1.5 m. it shall be counted towards F.S.I.
(5) Loft :
i) Location : Lofts may be provided over kitchens, habitable rooms, bathrooms,
water closets and corridors within a tenement in residential building, in shops and
in industrial buildings.
ii) Height :The height of the loft shall not be more than 1.5 Mtr. If it exceeds 1.5
Mtr. shall be counted towards F.S.I.
iii) The lofts in non-residential buildings shall be located at least 2 mts. away from the
entrance.
------------------------------------------------------------------------------------------------------------[
(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 162
6) Mezzanine Floor.- (i) Size.-The aggregate area of a mezzanine floor in any room shall not
exceed 50 per cent of the built-up area of that room. The size of a mezzanine floor shall not be
less than 9.5 sq.m. if it is used as a living room. The area of a mezzanine floor shall be counted
towards F.S.I.(1)
The aggregate area of mezzanine floor in any room shall not exceed 50% of the built
up area of that room. The size of mezzanine floor shall not be less than 9.5 sq. mt. if it
is used as a living room. The area of the mezzanine floor shall be counted towards
FSI. Provided, however, that in existing authorized buildings having no balance FSI,
area of the mezzanine floors constructed prior to 15th August, 1997 without approval
may be exempted from FSI with special permission of the Commissioner subject to
the terms and conditions and payment of premium as may be specified by the
Commissioner.
Note:- Lofts having head room more than 1.5 mt. above , it shall be treated as
mezzanine floor.] (2)
(ii)
(iii)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(7)
(8)
Height.-The minimum height/head-room above a mezzanine floor shall be 2.2m. The headroom under a mezzanine floor shall not be less than 2.2m.
Other Requirements.-A mezzanine floor may be permitted over a room or a compartment,
ifit conforms to the standards of living rooms in regard to lighting and
ventilation in case
its size
is 9.5 sq.m. or more;
it is so constructed as not to interfere under any circumstances with the ventilation of the
space over and under it;
no part of it is put to use as a kitchen;
it is not closed, so that it could be converted into an unventilated compartment;
it is at least 1.8 m. away from the front wall of such room;
access to the mezzanine floor is from with in the respective room below only;
where it is in an industrial building, a no objection certificate from the relevant authorities
of the Industries Department is obtained for the additional floor area.
Store Room-(i) Size.-The area of a store room where provided in residential buildings
shall not be more than 3 sq.m.
(ii) Height -The store room shall not be less than 2.2 m. high.
Garage.- (i) size.-The size of a private garage shall not be less than 2.5 m. X5.5 m. or 2.3
mX4.5m. as provided in clause (ii) and then note under it in sub-regulation (1) of
Regulation 36.
(ii)
Location.-If not within the building the garage may be located at its side or rear, but
at least 7.5 m. away from any access road.
Explanation.-For purposes of this Regulations, the term "garage" means a detached
ground floor structure in the open space of the plot or on the ground floor or on upper
floor of a building and intended for parking or shelter of mechanically controlled vehicles
but not for their repairs.
(iv)
Other Requirements.-Lock-up
garages when within the building shall be of such
construction as will give fire resistance of 2 hours.
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(9)
Basement.-(i) Area and Extent.- The total area of any basement shall not exceed twice
the plinth area of the building or the area of the plot, whichever is less. It may be in one
level or two.
(9)
Basement-(i) The basement shall not be constructed in the required front open
space under DCR 29. The open space from the other boundaries of the plot shall
not be less than 1.5 Mtr. It may be at one level or more. (06012012)
(ii) Height.- The height of the basement from the floor to the underside of the roof-slab or
ceiling or under side of a beam when the basement has a beam shall not be less than 2.4
m.
(iii) Ventilation.- The extent of ventilation shall be the same as required by the
particular occupancy for which the basement is used. Any deficiency must be made
good by resort to a mechanical system, viz. blowers, exhaust fans, air-conditioning
system, according to the standards in Part VIII Building Services Section I-Lighting
and Ventilation, National Building code.
(iv)Uses Permitted.- A basement may be put to the following uses only:(a) storage of household or other non-hazardous goods;
(b) store rooms, bank lockers or safe-deposit vaults;
(c) air-conditioning equipment and other machines used for services and utilities of
the building;
(d) parking spaces.
(e) Electric sub-station (which will conform to required safety requirements):
Provided that user strictly ancillary to the principal user may also be permitted in
basement.
(iv) Uses permitted A basement may be put to the following uses only :
(a) (i) Storage of household or other non hazardous goods;
(ii)
Store rooms, bank lockers or safe deposit vaults;
(b) Air conditioning equipment /AHU and other machines used for services
and utilities of the building;
(c) Parking spaces;
(d) D.G. set room, meter room and Electric sub station (which will conform
to required safety requirements);
(e) Effluent Treatment Plant, suction tank, pump room
Provided that the users mentioned at (a) above shall be permitted in the 1st
basement only by counting in F.S.I. subject to the following conditions :
i) All requirements regarding access, safety (including fire safety),
ventilations etc. shall be complied with.
ii) All the planning standards (particularly as regarding parking) should be
strictly adhered to. (06012012)
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(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 164
(v)
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(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 165
TABLE 20
Minimum Width of Common Stairways/Corridors for various Occupancies
Serial
No.
(1)
Type of occupancy
4
5
(2)
Assembly buildings ..
Mercantile,
business,
industrial,
storage, hazardous buildings
1.2
0.75
1.5
1.5
2.0
1.5
2.0
2.0
1.5
(ii) Flight.- No flight shall contain more than 12 risers, but in residential buildings, in
narrow plots and in High Density Housing a single flight staircase may be permitted.
(iii) Risers.- The maximum height of a riser shall be 19 cm. in a residential building,
and 16 cm. in any other occupancy. However, on an internal stairway within a dwelling unit
a riser may be 25 cm. high.
(iv) Treads.- The minimum width of the tread without nosing shall be 25cm. for
staircases of a residential building, other than fire escapes. In other occupancies, the
minimum width of the tread shall be 30cm. It shall have a non-slippery finish and shall be
maintained in that fashion.
(v)
Head-room.- The minimum head-room in a passage under the landing of a
staircase and under the staircase shall be 2.2m.
(vi) Floor Indicator.- The number of each floor shall be conspicuously painted in
figures at least 15cm. large on the wall facing the flights of a stairway or at such suitable
place as is distinctly visible from the flights.
(vii)Hand rail.- Handrails with a minimum height of 0.9m. from the centre of the
treads shall be provided.
(18)
Ramps.- (i) Ramps for pedestrians- (a) General-The provision applicable to
stairways shall generally apply to ramps. A ramp in a hospital shall not be less than 2.25m. wide. In
addition, to satisfy the fire-fighting requirements, a ramp shall conform to sub-regulation (6) of
Regulation 43.
(b)
Slope.- A ramp shall have a slope of not more than 1 in 10. It shall be of non-slippery
material.
(c)
Handrail.- A handrail shall be provided on both the sides of the ramp.
(ii)
Ramps for basement or storeyed parking.- For parking spaces in a basement and upper
floors, at least two ramps of adequate width and slope shall be provided preferably at the
opposite ends. Such ramps may be permitted in the side and rear marginal open spaces
after leaving sufficient space for movement of fire-fighting vehicles subject to the provision
of sub-regulation (6) of Regulation 43.
(19)
Lifts-Lifts shall conform to the provisions given below and to the provisions of sub-regulation
(2) of Regulation 46.
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(i)
At least one lift shall be provided in every building more than 16m in height. In case
of buildings more than 24m high at least two lifts shall be provided. However, in the case of
a proposal to add one additional floor to an existing building having a lift, it will not be
necessary to raise the existing lift to the additional floor. Provided that in the case of an
existing building with height of 16m or above one additional floor may be permitted without
insisting on a lift in the case of chawl like structures. The same concession would be
available for buildings with apartment accommodation provided the additional floor space is
limited to 120 sq.m. The total height shall not exceed 16m or ground and five upper floors.
(ii)
In the case of buildings more than 24m high at least two lifts shall be provided for
every dwelling except those situated on the ground and first floor without having to climb or
to go down more than one floor:
Provided that in the case of a building with ground floor stilts for parking facilities and
serving upper floors not exceeding 22.5m. in height (measured from the ground floor to the
top floors), the provision of a second lift may not be insisted upon.
(iii) Other requirements.a.
b.
c.
d.
e.
The number, type and capacity of lift shall satisfy the requirements of Sec.5
Installation of Lifts and Escalators. National Building Code of India.
At ground floor level, a grounding switch shall be provided to enable
grounding the lift cars in an emergency.
The lift machine room shall be separate and no other machinery shall be
installed therein.
The number of each floor shall be conspicuously painted in figures at least
15cm. large on the wall opposite the lift/lifts opening or on other suitable
surface so as to be distinctly visible from the lift cage.
In multi-storeyed and high rise residential buildings, one of the lifts installed
shall be a freight lift.
(iv)
A new lift with passage thereto in an existing building with height upto 16m. in the Island
City may be permitted with the permission of the Commissioner.
(20)
Porch.- A porch, if any, shall be at least 1.5m clear of the plot boundary; the area of a porch
upto 5.5m. in length (parallel to the main building) shall not be counted towards FSI. A
parapet wall 0.23m. in height is permissible over a porch. The Commissioner may permit
larger porches for mercantile, hotel and public buildings.
(20) Porch.- A porch, if any, shall be at least 1.5 m clear of the plot boundary, shall have
a level difference of 0.3 m. in relation to the level of the floor; the area of a porch
upto 5.5m. in length (parallel to the main building) shall not be counted towards
FSI. A parapet wall 0.23m. in height is permissible over a porch. The
Commissioner may permit larger porches for mercantile, hotel and public
buildings. (06012012)
(21)
Canopy :- A cantilevered and un-enclosed canopy may be permitted over each entrance and
staircase, if a clear distance of at least 1.5m is maintained between the plot boundary and the
outer edge of the canopy. The minimum clear height of the canopy shall be 2.2m.
(21) Canopy :- A cantilevered and un-enclosed canopy with level difference of 0.3 m. in
relation to the floor level; may be permitted over each entrance and staircase, if a
clear distance of at least 1.5 m is maintained between the plot boundary and the outer
edge of the canopy. The minimum clear height of the canopy shall be 2.2 m. The
Commissioner may permit larger canopies for mercantile, hotel and public buildings.
(06012012)
(22)
Balcony :- In any residential zone (R-1) and residential zone with shop line (R-2), or in a
purely residential building in any other zone, balconies may be permitted free of FSI at each
floor, excluding the ground and terrace floors, of an area not more than 10 per cent of the
area of the floor from which such balcony projects subject to the following conditions :-
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(i) No balcony shall reduce the minimum marginal open space to less than 3 mt. at the rear
and sides and 1.5m in the front. The width of the balcony will be measured perpendicular to
the building line and reckoned from that line to the balcony's outermost edge.
(ii) Balconies may be allowed to be enclosed with written permission of the Commissioner.
When balconies are enclosed, one-third of the area of their faces shall have louvers glass
shutters or grills on the top and the rest of the area except the parapet shall have glazed
shutters.
(22) Balcony :- In any residential zone (R-1) and residential zone with shop line (R2), or in a purely residential building in any other zone, balconies may be permitted
at each floor, excluding the ground and terrace floors, of an area not more than 10
per cent of the area of the floor from which such balcony projects subject to the
conditions that :- (i) No balcony shall reduce the minimum marginal open space to
less than 3 mt. at the rear and sides and 1.5m in the front. The width of the balcony
will be measured perpendicular to the building line and reckoned from that line to
the balcony's outermost edge. (ii) The balcony may be enclosed. (06012012)
(23)
Revas Projection :- (i) A revas projection 1.20m. in width may be permitted in the front
open space when it faces a street 12.20m or more in width. To facilitate the construction of
a staircase, such revas projection may be permitted in the side or rear open space provided
that such open space is at least 4.5m and the revas projection is limited to a width of 0.75m.
and the length of the staircase landing. No revas projection shall be at a height less than
2.1m above the ground level.
(ii)
A revas projection shall not be permissible in the side or rear open spaces of a
tower like structure.
(iii)
The areas of all revas projections shall be taken into account for the computation of
FSI.
(24). Roof :- (i) Effective drainage of rain water :- The roof of a building shall be so constructed or
framed as to permit effectual drainage of the rain water there from by means of rain water
pipes at the scale of at least one pipe of 10cm diameter for every 40 sq.m. of roof area.
Such pipes shall be so arranged, jointed and fixed as to ensure that the rain water is carried
away from the building without causing dampness in any parts of the walls or foundations of
the building or those of an adjacent building.
(ii)
Connecting rain water to drain or sewer:- The Commissioner may require rain water
pipes to be connected to a drain or sewer through a covered channel formed beneath the
public footpath to connect the rain water pipes to the road gutter or in any other approved
manner.
(iii)
Manner of fixing rain water pipes; - Rain water pipes shall be affixed to the outside
of the walls of the building or in recesses or chases cut or formed in such walls or in such
other manner as may be approved by the Commissioner.
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(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 168
(25)
Terrace staircase.
(26)
Parapet.- Parapet walls and hand-rails provided on the edges of the roof terrace, balcony,
etc. shall not be less than 1.15m from the finished floor level and not more than 1.30m. in
height above the unfinished floor level.
(27)
(28)
(ii)
common
Boundary wall and main entrance-(i) Boundary wall-(a) Except with the permission of the
Commissioner, the maximum height of a boundary wall shall be 2.0m above the level of the
centre line of the front street. A boundary wall upto 2.4m. height may be permitted if the
top 0.9m is of open type construction, to facilitate through vision.
(b)
At a corner plot, the height of the boundary wall shall be restricted to 0.75m. for a
length of 10m. on the front and side of the inter-section and the balance height of 0.75m. if
required in accordance with (i) above may be made up of open type construction (through
railings).
(c)The provisions of (a) and (b) above will not apply to the boundary walls of jails.
(d)
In electric sub-stations, transformer stations, institutional buildings like sanatoria,
hospitals, educational buildings like schools, colleges, including hostels, industrial buildings
and other uses of public utility undertakings, a height upto 2.4m may be permitted by the
Commissioner
(ii)
Main Entrance.-The main entrance to a plot accommodating a multi-storeyed high
rise or a special building shall be at least 4.5m wide and shall be so designed as not to
obstruct easy movement of a fire-engine or truck. The entrance gate to it shall open inside
and fold back against the compound wall.
Wells-(i) Location.-No well shall be located(a)
less than 12m. from any ash pit, refuse pit, sub-soil dispersion (soak pit), earth
closet
or privy, or on a site lower than the said earth closet or privy;
(b)
under a tree, unless it has a canopy over it so that leave and twigs do not fall into it
and rot.
Other Requirements.- The well shall(a.) have a minimum internal diameter of 1 m;
(b.) be constructed to a height not less than 1m. above the surrounding ground level,
to form a parapet or Kerb and to prevent surface water from flowing in to it and shall
be surrounded with paving constructed of impervious material which shall extend for a
distance of not less than 1.8m, in every direction from the parapet or the kerb forming
the well head and the upper surface of such a paving shall be sloped away from the
well;
(c.) be of sound and permanent construction (pucca) throughout. A temporary or
exposed (kutcha) well shall be permitted only in fields or gardens for purposes of
irrigation;
(d.) have the interior surface of its lining or walls rendered impervious for a depth of
not less than 1.8m. measured from the level of the ground immediately adjoining the
well-head.
(29)
Overhead Tanks.- Every overhead water storage tank shall be maintained in a perfectly
mosquito-proof condition by providing a properly fitting hinged cover and every tank more
than 1.5m in height shall be provided with a permanently fixed iron ladder to enable
inspection by anti-malaria staff.
(30)
Septic Tanks.- (i) Location and sub-soil dispersion.- A sub-soil dispersion system shall not be
closer than 12m. to any source of drinking water, such as a well, to mitigate the possibility of
bacterial pollution of water supply. It shall also be as far removed from the nearest
habitable building as economically feasible but not closer than 2 m. to avoid damage to the
structure.
(ii)
Dimensions etc.(a.) Septic tanks shall have a minimum inner width of 75cm. a minimum depth of
one metre below the water level and a per capita minimum liquid capacity of 85
litres. The length of the tanks shall be at least twice the width.
(b.) Septic tanks may be constructed of brick work, stone masonry, concrete or
other suitable material as approved by the Commissioner.
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(c.) Under no circumstances should effluent from a septic tank be allowed into an
open channel drain or body of water without adequate treatment.
(d.) The minimum nominal diameter of the pipe shall be 100 mm. Further, at
junctions of pipes in manholes, the direction of flow from a branch connection
0
should not make an angle exceeding 45 degree with the direction of flow in the
main pipe.
(e.) The gradients of land-drains, under-drainage as well as the bottom of
dispersion trenches and soakways should be between 1 : 300 and 1 : 400.
(f.) Every septic tank shall be provided with a ventilating pipe of at least 50 mm.
diameter. The top of the pipe shall be provided with a suitable cage of mosquitoproof wire mesh. The ventilating pipe shall extend to a height which would cause
no smell or nuisance to any building in the area. Generally , the ventilating pipe
should extend to a height of about 2 m. when the septic tank is at least 15 m. away
from the nearest building and to a height of 2 m. above the top of the building when
it is located closer than 15 m.
(g.) When the disposal of a septic tank effluent is to a seepage pit, the seepage pit
may be of sectional dimension of 90 cm. and not less than 100 cm in depth below
the inner level of the inlet pipe. The pit may be lined with stone, brick and
concrete blocks with dry open joint which should be backed with at least 7.5 cm. of
clean coarse aggregate. The lining above the inlet level should be finished with
mortar. In the case of pits of large dimensions the top portion may be narrowed to
reduce the size of the R. C. C. cover slabs. Where no lining is used, specially near
trees the entire pit should be filled with loose stones. A masonry ring should be
constructed at the top of the pit to prevent damage by flooding of the pit by surface
run off. The inlet pipe should be taken down to a depth of 90 cm. from the top as
an anti-mosquito measure.
(h.) When the disposal of a septic tank effluent is to a dispersion trench, the
dispersion trench shall be 50 to 100 cm. wide excavated to a slight gradient and
shall be provided with a layer of washed gravel or crushed stones 15 to 25 cm.
deep. Open joined pipes placed inside the trench shall be made of unglazed
earthenware clay or concrete and shall have a minimum internal diameter of 75 to
100 mm. Each dispersion trench should not be longer than 30 m and trenches
should not be placed closer than 1.8 m. to each other.
[(31)
Special Provisions ; for installation of Water Heating Systems.
Solar Water Heating Systems should be made in the building for Hospitals,
Hotels, Guest House, Police Men / Army Barracks, Canteens, Laboratories and
Research Institutions,Hospitals of Schools and Colleges and other
Institutions.
1. The solar water heating systems should be mandatory in the hospitals and
hotels, where the hot water requirement is of continuous nature. In these
buildings, the system must be provided with auxiliary back-up.
2. The use of solar water heating system is recommended in the following
type of buildings in Government / Semi Government and Institutional
buildings where the hot water requirement may not be continuous /
permanent : 1) Guest House.
2) Police Men / Army barracks.
3) Canteens.
4) Laboratory and Research Institutions where hot water is needed.
5) Hostels, Schools, Colleges and Other Institutes.
The installation of the electrical backup in all such water heating systems shall
be optional depending on the nature of requirement of hot water.
It is suggested that solar water heating systems of the capacity of about 100
liters per day on thermosyphon with necessary electrical back-up be installed
at residential buildings like hostels.
In order to facilitate the installation of the solar water heating systems, the
new buildings of aforesaid types shall have the following provisions.
1) All such buildings where solar water heating systems are to be installed
will have open sunny roof area available for installation of solar water
heating system.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 170
2) The roof loading adopted in the design of such building should be at least
50 kg. Per sq. mt. for the installation of solar water heating system.
3) Solar water heating can also be integrated with the building design. These
can either be put on the parapet or could be integrated with the south
facing, vertical wall of the building. The best inclination of the Collector for
regular use throughout the year is equal to the local latitude of the place.
The Collector should be facing south. However, for only winter use, the
optimum inclination of the Collector would be (latitude + 15 degrees of the
south).
4) All the new buildings of aforesaid types to be constructed shall have an
installed hot water line from the roof top and also insulated distribution
pipelines to each of the points where hot water is required in the building.
5) The capacity of the solar water heating system to be installed on the
building shall be described on the basis of the average occupancy of the
buildings. The norms for hospitals, hotels and other functional buildings
are given below :Sr. No.
Type of Buildings
1
2
3
Hospitals
Hotels
Hostels & other such
buildings
Canteen
Laboratory & Research
Institutions
4
5
(6)
An open area of 3 sq. mt. would be required for installation of a Collector which
supplies about 100 liters of water per day. At least 60 per cent of the roof area
may be utilised for installation of the system.
(7) The specification for the solar water heating system laid down by the Ministry of
Non-Conventional Energy Sources can be followed. Flat plate Collector
confirming to IS No. 12933 shall be used in all such solar water heating systems.
Note 1. : - The Commissioner may add to the list of buildings mentioned above on
which installation of solar water heating systems can be made mandatory.
Note 2 : - The Commissioner may insist on installation of Collectors on the terraces
of the buildings for harnessing solar energy for purposes other than water heating as
(4)
well. ]
ii.
iii.
iv.
The application for the proposed fitness centre shall be made by the Registered
Co-Operative Housing Society/Apartment Owners Association of the building
which are given occupation certificate/B.C.C.
The area of such centre shall be allowed free of FSI equivalent to 2(two) percent
of the total built up area for every building subject to a condition that, it shall
not be less than 20 sq. mt. and more than 200 sq. mt. per building. Any
additional built up area, in excess of this limit would be considered by counting
in FSI.
The centre shall not be used for any purpose other than for fitness centre
activities.
The fitness centre activities shall be confined for to the members of the
concerned housing society or an Apartment Owners Association only.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 171
v.
vi.
vii.
viii.
The benefits of this provision shall be applicable prospectively and it shall not
be extended for the purpose of regularization of already built up structures
constructed without permission.
The ownership of the premises of the Fitness Centre shall vest only with the
concerned society or the apartment owners association as the case may be.
In case of larger layout where there is existing/proposed Gymnasium in layout
RG under Regulation 23 of this regulation, then the fitness centre in the
individual building shall not be permissible.
The location of proposed fitness centre shall be necessarily within the building
line and preferably same shall not be on ground floor.] (5)
. .
(33) [Special Provisions for Institutional, Assembly, Business or Mercantile and
Industrial Buildings :-- A Creche of Minimum 40 Sq. Mt. Built up area shall be
provided for Institutional, Assembly, Business or Mercantile Building where
total number of female employees are 500 and more.] (6)
(34):- Podium
A podium may be permitted in plot admeasuring 1500 sq.mt or more.
The podium provided with ramp may be permitted in one or more level, total height
not exceeding 24 m above ground level.
However, podium not provided with ramp but provided with two car lifts may be
permitted in one or more level, total height not exceeding 9 mt above ground level.
The podium shall be used for the parking of vehicles.
The recreational space prescribed in D.C.Regulation 23 may be provided either at
ground level or on open to sky podium.
[The Minimum recreational space as laid down under regulation 23, shall be provided
at ground level only. The recreational space, if any, provided on the podium under
(10022014)
this Regulation shall be in addition to that provided as per Regulation 23. ]
Podium shall not be permitted in required front open space.
Such podium may be extended beyond the building line in consonance with
provision of D.C.Regulation 43(1) on one side whereas on other side and rear side it
shall not be less than 1.5 m from the plot boundary.
Ramps may be provided in accordance with D.C.Regulation 38(18).
Adequate area for Drivers rest rooms and sanitary block may be permitted on
podiums by counting in FSI. (06012012)
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[
] (4) ---- This new proviso is added as per notification under section 37(2)
under number TPB/4302/1253/CR-201/02/UD 11 dated 31 st December 2002.
[
(5)
(6)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 172
(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
](10022014)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 173
39.
Common antenna for Television Transmission Reception :A common conventional antenna for receipt of television transmission shall be
provided for every residential building with more than ten tenements.
40.
In addition to the class-rooms and other areas every educational building shall be
provided with :(a)
a tiffin room with a minimum area of 18.0 sq. m. for every 800 students or part
thereof;
a separate tiffin room for teachers where strength of students exceeds 1000;
a room with drinking water facilities for every 300 students or less on each of
the floors.
(b)
(c)
41.
A 90 cm. high hand-rail and an additional one at a height of 75 cm. above the
finished level of the steps for staircases and for steps to the ground floor plinth
even if they are enclosed on their sides by walls.
A ramp with a slope not exceeding 1:12 from the ground level of open spaces or
road level to the entrance door of the lift or staircases.
One of the wash basins in the toilet block on each floor fixed at a height of 80 cm.
with a tap at 100 cm. above the finished floor level.](11)
(b)
(c)
1.3
1.4
1.5
2. SCOPE:
These bye laws are applicable to all existing and proposed buildings and facilities used
by the public.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 174
3. SITE DEVELOPMENT:
Level of the roads, access paths and parking areas shall be described in the plan along
with specification of the materials.
3.1
Access path/walk way:- Access path from plot entry and surface parking to
building entrance shall be of minimum of 1800 mm. wide having even surface
without any slope. Slope if any shall not have gradient greater than 5%.
Finishes shall have a no slip surface with a texture traversable by a wheel
chair. Curbs wherever provided shall blend to a common level.
3.2
a)Surface parking for two car spaces shall be provided near entrance for the physically
handicapped persons with maximum travel distance of 30 mt. from building entrance.
b)The width of parking bay shall be minimum 3.60 mt.
c)The information stating that the space is reserved for wheel chair users shall be
conspicuously displayed.
4. Building Requirements: The specified facilities for the buildings for physically
handicapped persons shall be as follows:1.
2.
3.
4.
5.
6.
4.1 Approach to Plinth Level:- Every building should have atleast one entrance
accessible to the handicapped and shall be indicated by proper signage. This
entrance shall be approached through a ramp together with the stepped entry.
4.1.1 Ramped Approach:- Ramp shall be finished with no slip material to enter the
building. Minimum width of ramp shall be 1800 mm. with maximum gradient
1:12 Length of ramp shall not exceed 9.0 mt. having 800 mm. high hand rail on
both sides extending 300 mm. beyond top and bottom of the ramp. Minimum
gap from the adjacent wall to the hand rail shall be 50 mm.
4.1.2 Stepped Approach:- For stepped approach size of tread shall not be less than
300 mm. and maximum riser shall be 150 mm. provision of 800 mm. high hand
rail on both sides of the stepped approach similar to the ramped approach.
4.1.3 Exit/Entrance Door:- Minimum clear opening of the entrance door shall be 900
mm. and it shall not be provided with a step that obstructed the passage of
wheel chair user. Threshold shall not be raised more than 12 mm.
4.1.4 Entrance Landing :- Entrance landing shall be provided adjacent to ramp with
the minimum dimension 1800 x 2000 mm. Finishes shall have a non-slip
surface with a texture traversable by a wheel chair. Curbs wherever provided
should blend to a common level.
4.2
a)
b)
c)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 175
4.3
Stair Ways:- One of the stair-ways near the entrance/exit for the handicapped
shall have the following provisions:-
a)
b)
c)
d)
4.4
Lifts:- Wherever lift is required as per bye-laws, provision of at least one lift
shall be made for the wheel chair user with the following cage dimensions:
b)
c)
d)
4.5
A hand rail not less than 600 mm. long at 1000 mm. above floor level shall be
fixed adjacent to the control panel. Also, switch control shall be at an
operating height equal to that of hand rails.
The lift lobby shall be of an inside measurement of 1800 x 1800 mm. or more.
The time of an automatically closing door should be minimum 5 second and the
closing speed should not exceed 0.25 M/sec.
The interior of the case shall be provided with a device that audibly indicates
the floor the cage has reached and indicates that the door of the cage for
entrance/exit is either open or closed.
Toilets:- One special W.C. in a set of toilet shall be provided for the use of
handicapped with essential provision of wash basin near the entrance for the
handicapped:a) The minimum size shall be 1500 x 1750 mm.
b) Minimum clear opening of the door shall be 900 mm. and the door shall swing
out.
c) Suitable arrangement of vertical/horizontal handrails with 50 mm. clearance
from wall shall be made in the toilet.
d) The W.C. seat shall be 500 mm. from the floor.
4.6 Drinking Water:- Suitable provision of drinking water shall be made for the
handicapped near the special toilet provided for them.
4.7 Designing for Children:- In the buildings meant for the predominant use of the
children, it will be necessary to suitably alter the height of the handrail and other
fittings and fixtures etc.] (12)
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[
] (11) Regulation (41) is deleted vide govt. notification Dated 7th February, 2004
u/No. TPB 4303/948/CR-242/2001/UD-11:
[
] (12) A New Regulation (41) is added vide govt. notification Dated 7th February,
2004 u/No. TPB 4303/948/CR-242/2001/UD-11:
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 176
42.
(1)
Adequacy and manner of provision:- All parts of any room shall be adequately
lighted and ventilated. For this purpose every room shall have (a)
one or more appertures, excluding doors, with area not less than one-sixth
of the floor area of the room, with no part of any habitable room being more
than 7.5 m. away from the source of light and ventilation. However, a
staircase shall be deemed to be adequately lighted and ventilated, if it has
one or more openings their area taken together measuring not less than 1
sq. m. per landing on the external wall;
(b)
an opening with a minimum area of 1 sq. m. in any habitable room including
a kitchen, and 0.3 sq. m. with one dimension of 0.3 m. for any bathroom,
water closet or store;
(c)
all the walls, containing the openings for light and ventilation fully exposed
to an exterior open space either directly or through a verandah not
exceeding 2.4m. in width provided that a room meant for non-residential user
shall be considered as adequately lighted and ventilated if its depth from the
side abutting the required open space does not exceed 12 m.
(2)
Artificial ventilation shaft :- A bathroom, water closet, staircase or store may
abut on the ventilation shaft, the size of which shall not be less than the values
given below :Height of buildings in m.
Upto 18 .. .. ..
4.0
1.5
Upto 24
.. .. ..
5.4
1.8
Upto 30 .. ..
..
Above 30 .. .. ..
8.0
2.4
9.0
3.0
Upto 12
.. .. ..
1.2
43.
(1)
General :- The planning design and construction of any building shall be such as to
ensure safety from fire.
For this purpose, unless otherwise specified in these
Regulations, the provisions of Part IV: Fire Protection Chapter, National Building Code,
shall apply.
For multi-storeyed, high rise and special buildings, additional provisions relating to
fire protection contained in Appendix VIII shall also apply. The approach to the building
and open spaces on all sides upto 6 m. width and their layout shall conform to the
requirements of the Chief Fire Officer. They shall be capable of taking the weight of a
fire engine weighing upto 18 tonnes. These open spaces shall be free of any obstruction
and shall be motorable.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 177
43(1) General:The planning design and construction of any building shall be such as to ensure
safety from fire. For this purpose, unless otherwise specified in these Regulations,
the provisions of part IV: Fire Protection Chapter, National Building Code, shall
apply.
For multistoried, high rise and special buildings, additional provisions relating to
fire protection contained in Appendix VIII shall also apply,
(A) For proposal under regulations 33(7) and 33(10),
In case of rehabilitation / composite buildings on plots exceeding 600 Sq.Mts. and
having height more than 24 m, at least, one side other than road side, shall have
clear open space of 6 m at ground level, accessible from road side.
Provided, if the building abuts another road of 6m or more this condition shall not
be insisted.
Provided further that in case of redevelopment proposals under DCR 33(7) , for plot
size upto 600 sq.mt. , 1.5mt open space will be deemed to be adequate.
[Provided further that even for the proposals of plots upto the size of 600 sq. mts.
under DCR 33(7), open space of the width of 6 meters at least on one side at ground
level within the plot, accessible from the road side shall have to be maintained for
maneuverability of a fire engine, unless the building abuts two roads of 6 meters or
more on two sides, or an another access of 6 meters to the building is available, apart
(10022014)
from road abutting the building.]
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 178
(d) These open spaces shall be free from any obstruction & shall be motorable.
[06012012]
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(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
](10022014)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 179
(2)
Exits.- Every building meant for human occupancy shall be provided with exits sufficient
to permit safe escape of its occupants in case of fire or other emergency for which the
exits shall conform to the following:-
(i)
(ii)
General requirements.- Exits from all the parts of the building, except those not
accessible for general public use, shall(a)
provide continuous egress to the exterior of the building or to an exterior
open space leading to the street;
(b)
be so arranged that, except in a residential building, they can be reached
without having to cross another occupied unit;
(c)
be free of obstruction;
(d)
be adequately illuminated;
(e)
be clearly visible, with the routes reaching them clearly marked and signs
posted to guide any person to the floor concerned;
(f)
be fitted, if necessary, with fire fighting equipment suitably located but not as
to obstruct the passage, clearly marked and with its location clearly indicated
on both sides of the exit way;
(g)
be fitted with a fire alarm device, if it is either a multi-storeyed, high-use or a
special building so as to ensure its prompt evacuation;
(h)
remain unaffected by any alteration of any part of the building so far as their
number, width, capacity and protection thereof is concerned;
(j)
be so located that the travel distance on the floor does not exceed the
following limits :(i) Residential, educational, institutional and hazardous occupancies : 22.5 m
(ii) Assembly, business, mercantile, industrial and storage buildings : 30 m.
Note.- The travel distance to an exit from the dead end of a corridor shall not exceed
half the distance specified above.
When more than one exit is required on a floor, the exits shall be as remote from
each other as possible:
Provided that for all multi-storeyed high rise and special buildings, a minimum of two
enclosed type staircases shall be provided, at least one of them opening directly to the
exterior to an interior, open space or to any open place of safety.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 180
(iii)
Number and width of exits.-The width of an exit, stairway/corridor and exit
door to be provided at each floor in occupancies of various types shall be as shown in
columns 3 and 5 of Table 21 hereunder. Their number shall be calculated by applying
to every 100 sq.m. of the plinth or covered area of the occupancy, the relevant
multiplier in columns 4 and 6 of the said Table, fractions being rounded off upward to
the nearest whole number.
TABLE 21
Width and number of Exits for various Occupancies
Serial
No.
Type of Occupancy
(1)
(2)
6
7
8
Residential
Dwellings
row -housing (2 storeys)
Stairway/Corridor
Minimum Multiplier
width in
meters
(3)
(4)
Door
Minimum
in meters
(6)
0.145
0.213
-hotels ..
1.5
0.107
1.5
0.333
2.0
0.250
1.5
.089*
Assembly** .. ..
-fixed seats or loose
seats and dance floor.
-no seating facilities and
dining rooms.
Mercantile-street
floor
and
basement
..
-upper sales floors ..
Business, Industrial ..
Storage
..
Hazardous
..
Exit
Multiplier
(5)
.
1.2
0.75
-over 24 m. high ..
Institutional i.e.Hospitals-upto 10 beds .. ..
-over 10 beds
..
width
0.053
0.667
0.044
.
2.0
.
.067*
.
1.0
0.044
.
2.0
0.694
0.926
2.0
0.278
0.370
1.5
0.222
0.222
1.5
1.5
1.5
1.5
0.111
.067
.022
.133
.
.
.
0.111
0.067
0.022
0.125
*For the dormitory portions of homes for the aged, orphanages, mental hospitals, etc.
these multipliers will be doubled.
**The plinth or covered area shall include, in addition to the main assembly rooms or
space, any occupied connecting room or space in the same storey or in the storey
above or below where entrance is common to such rooms and space and they are
available for use by the occupants of the assembly place.
No deductions shall be made in the gross area of the corridors, closets or other subdivisions: all space serving the particular assembly occupancy shall be reckoned.
44.
(1)
The detailed requirements of individual exits at each floor are given below:Corridors.-(a) Exit corridors shall be of a width not less than the total required width of exit
doorways leading from them in the direction of travel to the exterior/stairway.
(b) Where stairways discharge through corridors, the height of the corridors shall not be less
than 2.4 m.
(c) Where there is more than one staircase serving a building, there shall be at least one
smoke-stop door in the space between the staircases.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 181
(2)
Doorways.-(a) Every exit doorway shall open into an enclosed stairway, a horizontal exit or a
corridor or passageway providing continuous and protected means of egress;
(b) An exit doorway shall open outwards i.e. away from the room, but shall not obstruct the
travel along any exit. No door, when opened, shall reduce the required width of a stairway or
landing to less than 90 cm.
(c) An exit door shall not open immediately upon a flight or stairs; a landing equal to atleast
the width of the door shall be provided in the stairway at each doorway; the level of the landing
shall be the same as that of the floor which it serves.
(d) Exit doorways shall be openable from the side which they serve, without the use of a key.
(3)
(4)
(5)
stairway
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 182
44(5) (A) Additional Staircase(a) In case of multistoreyed residential buildings having height more than 24 m,
and less than 70 m additional staircase shall be necessary,
Provided, however, it will not be necessary , if,
(i) Travel distance does not exceed as mentioned in sub regulation (2)(ii)( i )(i & ii)
of regulation 43 and;
(ii) If floor area on any floor does not exceeds 500 sq mtrs
Note: These staircases shall be of enclosed type having minimum width of 1.5 mt.
(b) Buildings having height 70 m or more, shall be provided with two enclosed type
staircases, each having width not less than 2.0 m.
(c) Whenever two staircases are necessary, both the staircases shall open &
terminate at ground floor or to any other place of safety. The staircase shall be as
remote as possible.
(B) Fire Escape balcony:
(a) For industrial buildings, a fire escape balcony not exceeding 1.5 meters width
shall be provided at the periphery of every floor level and shall be connected to
staircase and shall have a railing / parapet of 1.10 meters height on external sides.
(b) Fire escape balcony to the buildings other than residential occupancy shall be
decided by Chief Fire Officer.
(c) Requirement of Fire Escape Balcony
(i) It shall always be kept free from obstructions & no partitions shall be erected.
(ii) It shall be provided with wall type sprinklers at every floor level.
Note: - Fire Escape balcony shall be counted in FSI.
[06012012]
(6)
Ramp :- (a) All the requirements of sub regulation (4) of this Regulation shall apply to any
ramp as they apply to a staircase.
(b)
Ramps shall lead directly to outside open spaces at ground level or courtyards or
other safe places.
(c)
In a multistoreyed, high rise and special building, access to ramps from any floor shall
be through a smoke-stop door.
--------------------------------------------------------------------------------------------------------------------
(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 183
(7)
Refuge Area :- (a) In multi-storeyed and high rise buildings, at least one refuge area shall
be provided on the floor immediately above 24 m.
(b)
It shall be on the external walls as a cantilevered projection or any other manner.
(c)
It shall have a minimum area of 15 sq.m. and minimum width of 3.0 m.
(d)
It shall not be counted in F.S.I.
(7)Refuge area:
(a) (i) The refuge area shall be provided within building line at floor level.
(ii) In case of multistoreyed & high rise buildings having height more than
30 mts., first refuge area shall be provided at 24 mt. or 1st habitable floor,
whichever is higher. Thereafter, the refuge area shall be provided at every
7th habitable floor. The refuge area shall be 4% of the habitable floor area
it serves, and will be free of FSI. If it exceeds 4%, the excess area shall be
counted in FSI.
(b) Notwithstanding clause (a) for buildings having height upto
70 mts, as an alternate, Refuge areas can be provided as R.C.C. cantilever
projections at the alternate mid-landing level of staircase , free of FSI.
Each refuge area at mid-landing shall have a minimum width of 3.0 mts and
minimum area of 10.0 sq.mts for residential and 15 sq.mts for non-residential
buildings.
(c)
In case of multistoreyed & high rise buildings upto 30 mts. height, the
[06012012]
terrace floor of the building shall be treated as the refuge area.
44(8) Fire Escape Chutes/ Controlled Lowering Device for evacuation :(A)(i) High rise building having height more than 70 mt., shall necessarily be
provided with fire escape chute shaft/s for every wing adjacent to staircase.
(ii) Walls of the shaft shall have 4 hours fire resistance.
(iii) One side of the shaft shall be at external face of the building with proper
ventilation.
(iv)
The dimension of the shaft shall not be less than 2.5 m X 1.5m.
(v)
The access to the fire escape chutes shaft shall be made at alternate floor
level from staircase mid-landing with self-closing door having fire
resistance of at least one hour.
(vi)
The fire chute shall be of staggered type with landing of each section at the
vertical height of not more than 21 m.
Alternatively,
(B)
For High rise building having height more than 70 mt., Controlled
Lowering Device for evacuation or External Evacuation System as approved by
[06012012]
CFO shall be provided.
=============================================================
[
(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 184
45.Structural Safety and Services :- (1) Structural Design:- The structural design of foundations,
elements made of masonry, timber, plain concrete, reinforced concrete, prestressed concrete and
structural steel shall conform to the provisions of Part VI Structural Design Section-1 Loads, Section
2 - Foundation, Section 3-Wood , Section 4-Masonry, Section5-Concrete, Section 6-Steel, National
Building Code of India.
(2). Quality of materials and workmanship :i.
The quality of all materials and workmanship shall conform to accepted standards
and Indian Standard Specifications and Codes as included in Part V Building
Materials and Part-VII Constructional Practices and Safety, National Building Code
of India.
ii.
All burrow pits dug in the course of construction and repair of buildings , roads,
embankments etc., shall be deep and connected with each other in the formation of
a drain directed towards the lowest level and properly stepped for discharge into a
river , stream, channel or drain, and no person shall create any isolated burrow pit
which is likely to cause accumulation of water that may breed mosquitoes.
(3)
Alternative materials, method of design and construction and tests :The provisions of the Regulations are not intended to prevent the use of any
material or method of design of construction not specifically prescribed in them
provided any such alternative has been approved. Nothing of the provisions of
these Regulations is intended to prevent the adoption of architectural planning
and layout conceived as an integrated development scheme.
The
Commissioner may approve any such alternative if it conforms to the provisions
of the relevant parts of the National Building Code, regarding material, design
and construction, and the material, method, or work offered is, for the purpose
intended, atleast equivalent to that prescribed in these Regulations in quality,
strength, compatibility, effectiveness, fire and water resistance, durability and
safety.
(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 185
46 .Tests:Whenever there is insufficient evidence of compliance with the provisions of the Regulations
or evidence that any material or method of design or construction does not conform to the
requirements of the Regulations, in order to substantiate claims for alternative materials,
design or methods of construction , the Commissioner may require tests, sufficiently in
advance, as proof of compliance. These tests shall be made by an approved agency at the
expense of the owner as follows:(1) Test Methods: -Test method shall be as specified by the Regulations for the material or
design or construction in question If there are no appropriate test methods specified in the
Regulations, the Commissioner shall determine the test procedure. For methods of tests for
building materials reference shall be made to the relevant Indian standards as given in the
National Building Code of India published by the Bureau of Indian Standards.
(2) Test results to be preserved -- copies of the results of all such tests shall be retained by the
Commissioner for not less than two years after the acceptance of the alternative material.
47. Building services
(1) Electrical installation -The planning design and installation of electrical installation airconditioning and heating work shall conform to the provision of Part VIII Building Service
Section 2- Electrical Installations. Section 3- Air-conditioning and Heating National Building
Code of India.
(2) Lifts-(a) planning and design- The planning and design of lifts including their number , type and
capacity depending on the occupancy of the building, the population on each floor based on
occupant load and the building height shall be in accordance with section 5 - Installation of lifts
and Escalators ,National Building code of India.
(b) Maintenance-(i) The lift installation should receive regular cleaning, lubrication adjustment
and adequate servicing by authorised competent persons at such intervals as the type of
equipment and frequency of service demand. In order that the lift installation is maintained at
all times in a safe condition, a proper maintenance schedule shall be drawn up in consultation
with the lift manufacturer and rigidly followed. A log book to record all items relating to general
servicing and inspection shall be maintained. The electrical circuit diagram of the lift with the
sequence of operation of different components and parts shall be kept readily available for
reference by persons responsible for the maintenance and replacement, where necessary, to
the satisfaction of the competent authority (Lift Inspector of the Government of Maharashtra).
(ii)
Any accident arising out of operation of maintenance of the lifts shall be duly
reported to the competent authority, i.e. Lift Inspector of the Government of Maharashtra.
48.Signs and Outdoor Display Structures(1)
(2)
National Building Code to apply :- The display of advertising signs and outdoor display
structures on buildings and land shall be in accordance with Part X-Signs and Outdoor
Display Structures, National Building Code of India.
Additional conditions.-In addition to sub-regulation(1) above, the following provisions shall
apply to advertising signs in different land use zone :(i) Residential zone (R-1):-The following non-flashing and neon signs with illumination not
exceeding 40 Watt light.(a) One name plate with an area not exceeding 0.1 sq.m. for each dwelling unit.
(b) For other users permissible in the zone, one identification sign or bulletin board
with an area not exceeding 10 sq. m. provided the height of the sign does not
exceed 1.5 m.
(c)"For sale" or "For rent" signs for real estate, not exceeding 2 sq. m. in area
provided they are located on the premises offered for sale or rent.
(ii) Residential zones with shop lines (R-2):-Non-flashing business signs placed parallel to
the wall and not exceeding 1 m. in height per establishment.
(iii) Commercial Zones (C-1) and (C-2):-Flashing or non-flashing business signs placed
parallel to the wall not exceeding 1 m. in height provided such signs do not face residential
buildings.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 186
(3)
(4)
The Commissioner may, with the approval of the Corporation, add, alter or amend the
provisions in sub-Regulations (2) above.
PART IV
LAND USE CLASSIFICATION & USES PERMITTED
49. Uses and Ancillary Uses.-The uses and specified ancillary uses as indicated in these
Regulations will be permitted in each of the predominant use zones as shown in the
development plan. Such ancillary uses will be subject to fulfilment of the prescribed
conditions.
50. Power of Granting Permission.-Where it is specified that a particular use is to be
allowed only with Commissioners special permission, the power of granting such
permission shall be exercised by the Commissioner or an Officer not below the rank of
Deputy Municipal Commissioner.
51. Purely Residential Zone (R-1 Zone)-Ancillary uses permitted.-Apart from residential
use, the following uses and specified ancillary uses to the extent of 50 per cent of the
floor space of the principal use shall be permitted in buildings, premises or plots in the
purely residential zone:(i)
Customary home occupations.
(ii)
Medical and dental practitioners` dispensaries or clinics, including pathological or
diagnostic clinics with a restriction of one dispensary or clinic per building to be permitted
on the ground floor, on the floor just above the stilts or on the first floor.
(iii)
(iv)
Professional offices and studies of a resident of the premises and incidental to
such residential use, or medical and dental practitioners dispensaries or clinics of a
resident of the building with only out patient treatment facilities without any indoor work,
each not occupying a floor area exceeding 30 sq.m.
(v)
Educational buildings, excluding building of trade schools but including students'
hostels in independent buildings, religious buildings, community halls, welfare centres and
gymnasia:
Provided that the Commissioner may, by order, permit Montessori schools,
kindergarten classes or bal-mandirs in a part of a residential building on the ground floor
or on the floor above the stilts if the area thereof is not less than 40 sq.m. and no nuisance
is likely to be caused to the residents of the building:
Provided further that in congested localities where it is not possible to provide a
separate building for a school, the Commissioner may allow a primary school in any part of
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 187
or on any separate floor of a residential building. In doing so, he shall take into account
the location, room sizes, means of access, water and sanitary arrangements and other
relevant factors. He shall also ensure that staircase is easily accessible from the entrance
and serves the classrooms. The school shall also conform to the requirements of
educational buildings stipulated in Regulations 40.
(vi)
Public libraries on the ground floor and floor 1 or on two consecutive floors
immediately above the stilts in a building constructed on stilts, and museums in part or
entire building.
(vii)
Club houses, or gymkhanas not conducted as a business, on independent plots
which may have an extension counter or only branch of a bank, in such club-houses or
gymkhanas.
(viii)
Public or private parks, gardens and play field in independent plots not uitlilsed for
business purposes, but not amusement parks.
(ix)
Bus shelters, but stations, bus depots, railway stations, taxi-stands and heliports,
on independent plots.
(x)
Radio broadcasting and television studios and sound recording and dubbing
studios in independent buildings or part of, building or in independent plots, with the
permission of the Commissioner.
(xi)
Places for the disposal of human bodies, subject to the Corporations approval.
(xii)
Police stations, telephone exchanges, Government sub-office [only in the
suburbs and extended suburbs] (1) ,municipal sub-office, sub-offices of Mumbai Electric
Supply and Transport under taking or the concerned electric company, consulate offices,
post and telegraph offices, branches of banks including safe deposit vaults [(except that
the area of each bank including the vault shall not exceed 400 sq.m. in the Island
City)] (2 ) , electrical sub-stations, receiving stations, fire stations, civil defence warden posts
and first aid post, home guards and civil defence centers, pumping stations, sewage
disposal works and water supply installations and ancillary structures thereof required to
cater to the local area on roads of width of not less than 12 m. However, a branch of a
bank with a safe deposit vault may be permitted on roads of less than 12 m. [except that
in the Island City the area of each bank including the vault shall not exceed 400
sq.m] (2 ) .
(xiii)
Storage of liquefied petroleum gas cylinders (bottled gas) for domestic
consumption not exceeding 300 kg. in a residential building and not exceeding 8000 kg. in
an independent ground floor structure (except a garage ) at any one time, with the special
permission of the Commissioner and subject to compliance with statutory safety
requirements.
(xiv)
General agriculture, horticulture and poultry farming (but not dairy farming) in the
areas comprised in suburbs the area extend suburbs, poultry farming being permitted at
the rate of 0.25 sq.m. built-up area per bird in an independent plot measuring not less that
1 ha.; provided that no offensive odors, dirt and/or dust are created, that there is no sale
of products not produced on the premises, and the accessory buildings are not located
within from any of 9 m. the boundaries or 6 m. from the main buildings or the plot:
Provided further that the above restriction on space shall not apply to any poultry kept for
domestic consumption only.
(xv)
Where the commercial zone boundary or a street of and between 18.3 m. and
31m. wide in the suburbs and extended suburbs and of 24 m. and 31 m. wide in Island City
(with shops) is at least 400 m. away, convenience shops at the rate of one shop per 15
tenements on ground floor or in semi-detached ground floor building, with no other use
over it, may be permitted provided that the remaining area on the ground floor is used for
parking purposes in conformity with these Regulations. Such shopping uses will not be
permissible in more than two adjoining plots in any locality and shall not cover more than 5
per cent of the plot area.
(xvi)
Flour Mills, with the special permission of the Commissioner, if (a) they are in a
single-storeyed detached or semi-detached structure, and (b) their power requirement
does not exceed 7.5 KW. each.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 188
(xvii)
Research, experimental and testing laboratories not involving any danger of fire or
explosion or of any obnoxious nature and located on a plot not less than 4 ha. in area,
provided that the laboratory is at least 30 m. from any of the boundaries of the site and the
accessory residential building 30 m. from the laboratory.
Plots in a residential zone along roads on which the shop line is marked on
the development plan.
(b)
Plots in a residential zone along roads having existing or prescribed width of
and between 18.3 m. and 31 m. in the suburbs and extended suburbs.
(c) Plots in a residential zone along roads having existing or prescribed width of
and between 24 m. and 31 m. in the Island City.
Note:A) All words and expressions used in these Regulations and not
defined herein shall have meanings assigned to them under the
Maharashtra Regional and Town Planning Act, 1966 or the
Maharashtra Slum Area (Improvement, Clearance & Redevelopment)
Act, 1971, or the National Building Code, or the Building Regulations
and Bye-Laws or the Development Control Regulations of the
Municipal Corporation of Greater Mumbai, as amended from time to
time.
B)The provisions of the Development Control Rules for Greater
Mumbai, 1991 and all other applicable sections of the Maharashtra
Regional and Town Planning Act, 1966, shall apply mutatis mutandis
to the development of land with the modification that the expressions "
Municipal Corporation of Greater Mumbai" and "Municipal
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 189
(b)
(i) Mahim Causeway from General Arun Kumar Vaidya Marg upto its junction
with Swami Vivekanand Road and further upto the latter roads junction with
Chirtrakar Dhurandhar Marg.
(ii)Juhu Tara Road, Shri Mathuradas Visanji Marg (Kurla-Andheri Road) and Jai
Prakash Road.
-----------------------------------------------------------------------------------------------------------------------------------
[ ] (1) These words are deleted vide Government Order Under No.TPB
4303/978/CR144/03/UD-11 Dt. 21.5.2004.
[ ](2) These words are deleted vide Government Order Under No.TPB 4398/1462/CR231/98/UD-11 Dt. 21.11.2000.
[ ](3) - This clause was added vide Government sanction u/s. 37(2) of M. R. & T. P. Act
1966 under No. TPB. 4398/1234/CR-201 / 98/UD-11 Dt. 17.02.2000.
Section 37(2) of the Maharashtra Regional and Town Planning Act. 1966,
vide, Notification No. TPB 4310/1631/CR-139/2010/UD-11 Dated 25 January 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 190
(c)
(d)
(e)
(ii)
Stores or shops for conduct of retail business, including department stores.
There will, however, be no storage or sale of combustible materials except with the
Commissioners special permission.
(iii)
(iv)
(v)
(vi)
(vii)
Professional offices each not exceeding 100 sq.m. in area [only in the
(1)
(viii)
Shops for the collection and distribution of clothes and other materials for
cleaning, pressing and dyeing establishments.
(ix)
Tailoring, embroidery and button-hole making shops, each employing not
more than 9 persons.
(x)
Cleaning and pressing establishments for clothes, each occupying a floor
area not more than 200 sq.m. and not employing solvents with a flash point lower
0
than 59 C, machine with dry-load capacity not exceeding 30 kg. and employing not
more than 9 persons:
Provided that the total power requirement does not exceed 4 KW.
[ ](1) The words are deleted vide Government Order under No.
TPB 4398/1462/CR-231/98/UD-11Dt. 21.11.2000.
[
(0810)
This clause was added vide orders under section 37(2) of the MRTP Act, 1966
vide TPB/4310/2503/CR-200/2010/UD-11 dated 30th July, 2010.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 191
(xi)
Shops for goldsmiths, lock-smiths, watches and clocks and their repairs,
bicycles and their rental and repairs, optical glass grinding and repairs, musical
instruments and their repairs, picture-framing, radio, television and household
appliances and their repairs, umbrellas and their repairs and upholstery work, each
employing not more than 9 persons.
(xii)
Coffee grinding establishments with electric motive power not exceeding
0.75 KW. (0.025 KW individual motor each).
(xiii)
Restaurants eating houses cafeterias, ice-cream and milk bars under one
establishment with total area not exceeding 200 sq.m. on the ground and/or floor 1
of a building with the special permission of the Commissioner.
(xiv)
Bakeries, with no floor above, each not occupying for production an area
more than 75 sq.m. and not employing more than 9 persons, if the power
requirement does not exceed 4 KW where only electrical ovens are used, an
additional heating load upto 12 KVA being permitted.
(xv)
Confectioneries and establishments for the preparation and sale of
eatable each not occupying for production an area more than of 75 sq.m. per
establishment and employing not more than 9 persons, motive power not exceeding
1-12 KW, as well as sugarcane and fruit juice crusher each employing not more than
6 persons with motive power not exceeding 1.12 KW and area not more than 25
sq.m.
(xvi)
Printing presses with aggregate motive power each not exceeding 3.75
KW and not employing more than 9 persons and individual electric motors of not
more than 1.5 KW.
(xvii)
Trade and other similar schools, not involving any danger of fire or
explosion, or offensive noise, vibration, smoke, dust, odour, glare, heat or other
objectionable features.
(xviii)
Vegetable, fruit, flower, frozen fish, frozen meat or frozen food shops.
(xix)
Battery charging and repairing establishments each not employing more
than 6 persons with an area not more than 25 sq.m. and not more than 2 charges
with power not exceeding 5 KW.
(xx)
Photographic studios with laboratories, zeroxing, Photo-copying, videotaping establishments etc. and their laboratories, each with an area not exceeding
50 sq. m. and employing not more than 9 persons and not using power more than
3.75 KW.
(xxi)
(xxii)
(xxiii)
Electronic industry of assembly, but not of manufacturing type, with the
Commissioner's special permission, subject to following restrictions:(a) Only on the ground floor each with an area not exceeding 50 sq. m.
(b) Total electric power inclusive of motive power and heating load not to
exceed 3.75 KW.
(c) Employing not more than 9 persons each.
(xxiv)
Pawn shops.
(xxv)
(xxvi)
Undertaker's premises.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 192
(xxvii)
Establishments
conditioning purposes.
using
power
only
for
heating
refrigeration
or
air-
(xxviii)
m. each
Private lockers. In the Island City, the total area shall not exceed 400 sq.
(xxix)
(xxx)
Repairing garages, without activities of body-building and spray painting,
each employing not more than 9 persons or using 1.5 KW motive power with no
floor, above, with the permission of the Commissioner to be allowed to function only
between 08 and 20 hours.
(xxxi)
(xxxii)
Travel agencies, ticket booking and selling agencies for air, surface or
water travel or transport of any other modes of travel or transport.
(xxxiii)
Accessory uses customarily incidental to any permitted principal use,
including storage upto 50 per cent of the total floor area of the principal use.
(5)
(6)
(i)
With the special permission of the Commissioner, shopping uses and departmental
stores may be permitted on the entire ground floor of the building, subject to the
following conditions:The side and rear marginal open spaces shall not be less than 9 m. in width.
(ii) No back-to-back shops would be permitted unless they are separated by a
corridor at least 1.8 m. in width which shall be properly lighted and ventilated.
(iii) All goods offered for sale or displayed should be within the premises comprising
the shop and should not be kept in the passage or open spaces :
Provided that such shopping users and department stores may be permitted in the
entire building where the whole building is in occupation of one establishment or of a
co-operative society only and subject to the above conditions.
(7) Not with standing anything contained in these Regulations, convenience shops as
defined in item (20) of sub-Regulation (3) of Regulation 3 may be permitted on all
roads having width of 12 m. and above. In gaothan and Koliwada areas, however,
these users will be permitted on roads having width of 9 m. and above.
(8) Uses permitted in independent premises/buildings in the Residential Zone with Shop
Line (R-2 Zone) :The following uses may be permitted in independent
premises/buildings/plots in the R-2 Zone :(i) Drive-in-theatres, theatres, cinemas, club-houses, assembly or concert halls,
dance and music studies and such other places of entertainment on roads with width
not exceeding 25 m. These uses may be permitted in combination with permissible
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 193
non-residential uses except that of petrol pump, with the special permission of the
Commissioner:
Provided, however, in the case of a cinema/theatre the front open space shall be
minimum 12 m. and the side and rear open spaces shall not be less than 6 m.:
Provided further that in the case of development and/or re-development of a
cinema/theatre, the user for a cinema/theatre may be permitted in combination with
the permissible users in a residential zone with a shop-line (R-2 Zone) excluding the
users for bakery, confectionery, trade and other similar schools and coal or fire
wood shops, with a cinema/theatre being permitted underneath or above any
building subject to compliance with fire and safety requirements specified by and to
the satisfaction of the Chief Fire Officer. However, residential user in combination
with that of a cinema/theatre may not be allowed in the same building.
Provided further that the redevelopment of a plot allocated for a cinema/theatre shall
be subject to such conditions as may be prescribed by the Government.
(ii) [Petrol filling and service stations each employing not more than 9 persons
[ ](2) This clause is deleted vide Government Notification No. TPB 432001/1906/CR62/2002/UD-11 Dt. 02.07.2002 u/s. 37(2) of M.R.&T.P.Act 1966.
[ ](3) This clause is added vide Government Notification No. TPB 432001/1906/CR62/2002/UD-11 Dt. 02.07.2002 u/s. 37(2) of M.R.&T.P.Act 1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 194
(viii)
General agriculture, horticulture and domestic poultry, with
limitation of keeping of upto 20 birds at the rate of 0.25 sq. m. per bird.
(ix) Repairing garages not employing not more than 9 persons or 1.5 KW motive
power with no floor above, with the permission of the Commissioner.
(x) Business offices [on roads of 18 m. wide and more outside the Island
City] (1) subject to the fulfillment of parking and other requirements; except that
balconies if any of such building shall not be free F. S. I. computation.
(xi) Correctional and mental institutions, institutions for children, the aged or widows
sanatoria and hospitals (except veterinary hospitals) with the special permission of
the Commissioner, provided that those principally for contagious diseases shall be
located not less than 36 m. from any boundaries.
(xii) Stadia.
Uses permitted in a Local Commercial Zone (C-1 Zone)-The following uses are
permissible in the C-1 Zone:
(i)
Any uses permitted in a residential zone with a shop line (R-2 Zone).
(ii)
Confectioneries, bakeries and establishments for the preparation and sale of
eatables each not occupying for production an area in excess of 250 sq. m. per
establishment and employing not more than 25 persons or using power exceeding 10
KW with no upper floors, over the furnace portion. If only electrical ovens are used,
an additional load of upto 24 KVA may be permitted
(iii)
Auto part stores and show rooms for motor vehicles and machinery.
(iv)
Sale of used or second hand goods for merchandise, excepting for junk,
cotton and other waste rags or other materials of an offensive nature.
(v)
Club houses or other recreational activities conducted as business (with an
extension counter or branch of a bank).
(vi)
Storage of furniture and household goods.
(vii)
Retailing of building materials, open or enclosed, with not more than 500 sq.
m. of area per establishment.
(viii)
Pasteurising and milk processing plants each employing not more than 9
persons and 7.5 KW motive power within an area not more than 50 sq. m.
(ix)
Printing, book-binding, engraving and block-making, each with an area not
exceeding 120 sq. m. and motive power not exceeding 7.5 KW per establishment.
(x)
Veterinary dispensaries and hospitals and kennels in the suburbs and
extended, suburbs only.
(xi)
Supari and masala grinding/pounding using motive power not exceeding 7.5
KW or occupying more than 25 sq.m. area, with the special permission of the
Commissioner.
(xii)
Prisons and animal pounds only in the suburbs and extended suburbs.
(xiii)
Repair, cleaning shops and analytical experimental or testing laboratories
each employing not more than 15 persons (but not including cleaning and dyeing
establishments, using a cleaning or dyeing fluid having a flash point lower than 50
degree C and machines with dry-load capacity not exceeding 30 kg. or any
establishment carrying on activities that are offensive because of emission of odour,
dust, smoke, gas, noise or vibration or otherwise dangerous to pubic health and
safety), provided that the motive power requirement of each such establishment does
not exceed 7.5 KW.
(xiv)
Paper-box manufacturing, including paper-cutting, each employing not more
than 9 persons with motive power not exceeding 3.75 KW and area not more than 50
sq.m.
(xv)
Mattress making and cotton-cleaning, each employing not more than 9
persons with motive power, not exceeding 2.25 KW and area not more than 50 sq. m.
per establishment.
(xvi)
Establishments requiring power for selling tins, package, etc. each employing
not more than 9 persons with motive power not exceeding 2.25 KW.
--------------------------------------------------------------------------------------------------------------------------
[ ](1) These words are deleted vide Government Order under No.
TPB 4398/1462/CR-231/98/UD-11Dt. 21.11.2000.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 195
(xvii)
Ice factories in independent buildings, each with an area of not more than
250 sq.m. and power not more than 34 KW.
(xviii)
Business offices, including trade exchanges, [in the suburbs and extended
suburbs] (1) .
(xix)
Accessory uses, customarily incidental to any permitted principal use
including storage space upto 50 per cent of the total floor area occupied for the
principal use.
(xx)
Aquariums.
(2)
(1)
Wholesale Establishment.
Public utility building
Headquarters of a Commercial organization or firm.
Printing, book binding engraving and block making.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 196
(2) General conditions governing the uses permitted in the C-2 Zone.-In a building premises
in a District Commercial Zone (C-2 Zone), the uses permitted in sub-Regulation (1)
above shall be permitted subject to the following conditions:(a)
All goods offered for sale shall be displayed within the building and not in
passages and open spaces.
(b)
When the commercial zone boundary falls short of a street, the frontage along
such street shall not be developed for uses which would not be permissible along such
street.
(c)
If the uses, excepting those permissible in the R-1 zone, derive access from the
side or rear open space, the width of such open space shall not be less than 7 m.
(3)
55.Services Industries Zone (I-1 Zone)(1) Uses permissible in the Service Industries Zone (I-1 Zone) and the conditions governing
such uses: Service industries may be permitted as indicated in Table 23 hereunder in an
independent designated plot or in an I-1 zone, or with the Commissioner's special
permission in the R-2, C-1 and C-2 zones and subject to the limitations of area permitted,
maximum number of persons to be employed, maximum permissible power requirement and
the special conditions given in the said Table.
Further, watchmen's quarters, canteens and banks may be permitted within a plot,
building or premises for service industries.
------------------------------------------------------------------------------------------------------------------------
](1) The words are deleted vide Government Order under No.
TPB 4398/462/CR 231/98/UD-11Dt. 21.11.2000.
[
](2) The words are added
4397/636/CR118/97/UD-11 Dt. 05.04.2002.
(3)
vide
Government
Notification
TPB
This clause was added vide sanction under section 37(2), from UDD in
state Govt. under No. No. TPB 4307/2650/CR-34/2008/UD-11
Dated 4th December, 2008.
[
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 197
TABLE 23
Uses permissible in Service Industries Zone (I-1) and conditions governing such
uses
Se
rial
Category of Industry
Special
conditions,
any
if
No.
(2)
(1)
I.
II
III
Food Products(1).Ground
nut
decorticators
(2)Grain
mill
for
production of flour
(3)Manufacture
of
supari
and masala
grinding
(4)Manufacture
of
bakery products
Maximum
permissible
power
(in KW)
(3)
Maximum
permissible
employment.
(4)
Maximum
permissible
floor
area
(sq.m.)
(5)
7.5
50
7.5
50
7.5
50
10
25
250
(5)Coffee
curing,
roasting and grinding.
(6)Manufacture of ice
1.5
50
45.0
20
250
(7)Sugarcane
and
fruit juice crashers
(8) Rice-hullers
1.5
25
7.5
50
(9)Manufacture
of
milk
and
dairy
products.
(10)Manufacture
of
ice-cream
and
ice
candy.
7.5
50
7.5
50
No Limit
250
Tobacco(11) Manufacture of
bidis
..
Textile and Textile
Products-
No power to
be used.
(6)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 198
IV.
V.
(12)Embroidery and
making of crepe laces
and fringes.
(13) Manufacture of
textile goods, such as
wearing
apparel,
curtains, mosquito net,
mattresses,
bedding
material, pillow cases,
textile bags.
(14) Mattress making
and cotton cleaning.
Wood Products and
Furnitures(15)Manufacture
of
wooden furniture and
fixtures.
3.75
50
2.25
50
2.25
50
2.75
50
(16)Manufacture
of
bamboo
and
cane
furniture and fixtures.
2.25
50
(18)
Printing
and
publishing periodicals,
books,
journals,
atlases,
maps,
envelopes,
picture
post-cards
and
embossing.
3.75
7.5
50
120
Not permitted
under
or
adjoining
a
dwelling unit.
Not permitted
under
or
adjoining
a
dwelling unit.
(i)Manufacture
with paper pulp
not permitted.
(ii)
No
restrictions
on
power, number
of
employees,
area of hours of
operation shall
apply if located
in a building on
a separate plot
not less than
500 sq.m. in
area
and
if
special
permission
of
the
Commissioner is
obtained.
(i)Manufacture
with paper pulp
not permitted.
(ii)
No
restrictions
on
power, number
of
employees,
area or hours of
operation shall
apply, if located
in a building on
a separate plot
not less than
500 sq.m. in
area
and
if
special
permission
of
the
Commissioner is
obtained.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 199
(19)
Engraving,
etching, block-making
etc.
(20) Book binding ..
VI.
VII
VIII
IX
7.5
120
7.5
120
3.75
50
(22) Manufacture of
wearing apparel like
coats, gloves.
(23) Manufacture of
leather consumer
goods such as
upholstery,
suitcases,
pocket
books, cigarette and
key cases, purses.
(24)
Repair
of
footwear and other
leather products.
Rubber and Plastic
Products(25)
Retreading,
recapping
and
vulcanizing works.
(26) Manufacture of
rubber balloons, handgloves
and
allied
products.
Metal products-
3.75
50
3.75
50
3.75
50
1.5
50
1.5
50
0.75
25
(28)
Umbrella
assembly works
0.75
50
2.25
50
No
spray
painting
permitted.
3.75
50
Only permitted
on ground floor.
3.75
100
Leather
products
excluding tanning(21) Manufacture of
leather footwear.
Manufacture of
leather
or
leather
processing not
permitted.
Electrical Goods(29)
Repairs
of
household
electrical
appliances, such as
radio and television
sets, tape recorders,
video sets, heaters,
irons,
shavers,
vacuum
cleaner,
refrigerators,
airconditioners, washing
machines,
electric
cooking ranges, meter
rewinding works.
(30)
Electronic
industry of assembly
type.
Transport Equipment
(31) (a)Servicing of
motor vehicles and
motor cycles.
No floor above.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 200
3.75
100
(c)Battery charging
and repairs.
(d)
Repair
of
bicycles
and
cycle
rickshaws.
5.0
25
3.75
50
2.25
50
2.25
50
2.25
50
2.25
50
2.25
50
7.5
No limit]
(i) No spray
painting
permitted.
(ii) No floor
above.
XI
Other Manufacturing
and
Repairs,
Industries
and
Services(32) Manufacture of
jewellery and related
articles.
(33)
Repairs
of
watches, clocks and
jewellery.
(34) Manufacture of
musical instruments
and their repairs.
(35) (a) Repairs of
locks,
stoves,
umbrellas,
sewing
machines,
gasburners, buckets and
other
sundry
household
equipments.
(b)
Optical
glass
grinding and repairs.
[(36) Petrol filling
stations in plot size of
30.5 m. X 16.75 m.
and petrol filling and
service stations in plot
size of 36.5 m. X 30.5
m.
(4)
------------------------------------------------------------------------------------------------------------------------------------------------
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 201
(a) 15
(b) 30 per
compressor
(not
more
than
3
compressor)
(c)150 per
compressor
(not
more
than
3
compressors
9
6
No limit
No limit
No Limit
4.0
50
4.0
50
4.0
50
(i)Quantities
in (b) or (c) will
be
permitted
for
daughter
booster
pumping
station and on
line
pumping
station
respectively
over(a).
(ii)Permissibl
e
power
mentioned
in
(b) & (c) will be
use exclusively
for
compressing
and filing gas
in vehicles.
(iii)Special
permission
from
Commissioner
is
necessary
after clearance
by
the
Maharashtra
Pollution
Control Board
from
noise
pollution point
of view and
controller
of
Explosive and
Chief
Fire
Officer
and
observance of
such
conditions
as
they
may
(5 )
prescribe. ]
(i) Cleaning
and dyeing
fluid used
should not
have a flash
point lower
0
than a 59 C.
(ii)Machinery
having dry load
capacity of 20
kg. and above.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 202
XII
(40)
Photoprocessing,
laboratories,
Xeroxing,
photocopying,
video
taping
and
their
laboratories.
(41) Repacking and
mixing
of
liquids,
powders, pastes etc.
not
involving
any
chemical
reaction
which
is
nonhazardous in nature.
(42) Diamond cutting
and polishing
Business
/Administrative offices
3.75
50
2.25
50
15.0
30
120
(43)Business
/Administrative offices
of
the
Service
Industry/Small Scale
Industry within the
same premises
----
----
50%
of
the
area under the
Service
Industry/Small
(8)
Scale Industry]
--------
Note: (1) In the R-2, C-1 and C-2 zones, the hours of the operation for the concerned
industry shall be from 08 to 20 hours only.
(2) With the approval of the Corporation, the Commissioner may from time to time add to
alter or amend the above Table.
[
](2) - This clause was added vide Government sanction u/s. 37(2) of
P. Act 1966 under No. TPB. 4398/1234/CR-201 98/Ud-11 Dt. 17.02.2000.
M. R. & T.
[
](3) New Clause added in D. C. Reg. 55 vide Government order under No. TPB
4398/1462/CR-231/98/UD-11 Dt. 21.11.2000.
[
](5) - This clause is added vide Government notification u/s 37(2) of
M.R.&T.P.Act 1966 under NO.TPB 432001/1906/CR 62/2002/UD-11 Dt. 02.07.2002.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 203
[
] (6) This clause is added vide Government notification u/s 37(2) of
M.R.&T.P.Act 1966 under NO.TPB 432001/1906/CR 62/2002/UD-11 Dt. 02.07.2002
[
](7) This clause is added vide orders under 37(2) of MR&TP Act, 1966
th
May, 2007.
[
] - This clause is added vide Corporation Resolution No. 923 dated 5/9/2002
and circular issued as per CHE/Gen-250/DPC of 19/05/2004.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 204
General conditions governing the uses permitted in an I-2 Zone - The General industries
Zone (I-2 Zone) includes any building or part of a building or structure in which products or
materials of all kinds and properties are fabricated, assembled or processed, e.g. assembly
plants, laboratories, dry-cleaning plants, power plants, pumping stations, smoke houses,
laundries, gas plants, refineries, dairies and saw-mills,
(2) Uses permitted in a General Industries Zone (I-2 Zone) :- Buildings or premises in the
General Industries Zone (I-2 Zone) may be used for any industrial and accessory uses
except the following :(i)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 205
(xlii)
Gypsum or plastser of paris manufacture;
(xliii)
Hair, felt, fur and feather-bulk-processing, washing, curing and dyeing;
(xliv)
Hydrogen and oxygen manufacture;
(xlv)
Industrial alcohol manufacture;
(xlvi)
Printing ink manufacture;
(xlvii) Junk (iron, aluminium, magnesium or zinc), cotton-waste or rags storage and
baling;
(xlviii)
Jute, hemp, sisal, coir and cokum products manufacture;
(xlix)
Lime manufacture;
(l)
Match manufacture;
(li)
Lamp, black, carbon black or bone black manufacture;
(lii)
Metal foundries with an aggregate capacity exceeding 10 tonnes a day;
(liii)
Metal processing (including fabrication and machinery manufacture) factories
employing such machine tools or process as a power hammer forging matching,
pneumatic drilling or riveting, sheet working with heavy sledge hammers, or processes
expressly prohibited herein.
(liv)
Metal finishing, enameling, anodizing, japanning, plating, galvanising,
lacquering grinding, polishing, rust-proofing and heat treatment;
(lv)
Paint, oil, shellac, turpentine or varnish manufacture, except manufacture of
edible oils;
(lvi)
Oil-cloth or linoleum manufacture, except water-proofing of paper or cloth.
(lvii)
Papers, card-board or pulp manufacture;
(lviii)
Petroleum or its products, refining or wholesale storage;
(lix)
Plastic materials and synthetic resins' manufacture;
(lx)
Pottery or ceramic manufacture, other than the manufacture of handicraft
products;
(lxi)
Potash works;
(lxii)
Pyrexilin manufacture or products;
(lxiii)
Rolling mills;
(lxiv)
Rubber (natural or synthetic) or gutta-percha manufacture, except
manufacture of latex goods and small rubber products and synthetic-treated fabrics,
such as washers, gloves, footwear, bathing-caps, atomizers, hoses, tubings, wire
insulation, toys and balls, but including manufacture of tyres and tubes;
(lxv)
Salt works, except manufacture of common salt from sea water;
(lxvi.)
Sand, clay or gravel quarrying;
(lxvii.)
Smelting, reduction, refining and alloying of metal and metal ores except of
rare and precious metals;
(lxviii.)
Soap manufacture, other than cold mix;
(lxix.)
Soda and compound manufacture;
(lxx.)
Starch, glucose or dextrose manufacture;
(lxxi.)
Stock-yard or slaughter of animals or fowls, except the slaughter of fowls
incidental to retail business;
(lxxii.)
Stone-crushing and quarrying;
(lxxiii.)
Shoe polish manufacture;
(lxxiv.)
Sugar manufacture or refining;
(lxxv.)
Tallow, grease or lard manufacture;
(lxxvi.)
Tanning, curing or storage of raw hides or skins;
(lxxvii.) Tar distillation or manufacture;
(lxxviii.) Tar products' manufacture;
(lxxix.)
Textiles manufacture, excepting manufacture of rope , bandage, net and
embroidery using electric power upto 37.5 KW.;
(lxxx.)
Vegetable oil manufacturing and processing plants ;
(lxxxi.)
Wood and timber , bulk processing and wood working including saw-mills
and planning mills, excelsior plywood and veneer and wood preserving treatment ,
except the manufacture or wooden articles with saw or planning machines;
(lxxxii.) Wax products' manufacture from paraffin;
(lxxxiii.) Wool-pulling or scouring;
(lxxxiv.) Yeast Plant;
(lxxxv.) In general, those uses which may be offensive by reason of emission of
odour liquid effluvia, dust, smoke, gas noise, vibration or fire hazards.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 206
(3)
Notwithstanding anything contained above.(a) Service industries and service industrial estates shall be permissible in the General
Industries Zone (I-2 Zone).
(b) With the previous approval of Commissioner and on such conditions as deemed
appropriate by him, the existing or newly built-up area of unit, in the General Industrial
Zone (Zone I-2), (including industrial estates) excluding that of cotton textile mills, may be
permitted to be utilised for an office of commercial purposes [in the suburbs and
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 207
56. (3)(c)(vi)
[If the development is already in progress as per clarification vide letter No. TPB
4393/1957/CR-230/UD-11 dated 20/10/1995 and if full occupation certificate has
not been granted, then the land owners/developer may convert the proposal in
accordance with the provisions of notification dated 14/5/07 subject to following
conditions :
Conditions :
1)
2)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 208
(d) With the previous approval of the Commissioner, and subject to such terms as may be
stipulated by him, open land in existing industrially zoned land or space, excluding land
or space of cotton textile mills, which is unoccupied or is surplus to requirement of the
industry's use may be permitted to be utilised for office or commercial purposes [in the
] (2) These words are deleted vide Government Order Under No.
TPB 4398/1462/CR231/98/UD-11 Dt. 21.11.2000.
] (6)
This clause was inserted vide Govt. orders under section 37(2)
of M.R.&T.P. Act, 1966 vide order No.TPB 4304/2770/CR-312/04/UD-11: Dated the
14thMay, 2007.
] (5)
This clause was replaced vide Govt. orders under section 37(2) of
M.R.&T.P. Act, 1966 vide order No.TPB 4304/2770/CR-312/04/UD-11: Dated the 14th
May, 2007
(4)
[
] This clause was added vide Govt. sanction under section 37(2)
of MR&TP act, 1966 under number TPB/4304/2770/CR312/04/UD-11 dated 31st
August, 2009.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 209
(vi)
(vii)
(viii)
(ix)
With the prior approval of the Government, the Commissioner may alter, amend or add
to the list of the above users.
57.Special Industries Zone (I-3 Zone) (1) General conditions governing the uses permitted
in an
I-3 Zone- The Special Industrial Zone (I-3 Zone) includes any building or part of a
combustible of explosive materials or products which are liable to burn with extreme rapidity of
which may produce poisonous fumes or explosions; for storage, handling, manufacturing or
processing which involve highly corrosive, toxic or various alkalis, acids or other liquid, or
chemicals producing flames, fumes and explosive, poisonous, irritant or corrosive gases; or for
the storage, handling or processing of any material producing explosive mixtures of dust or
which result in the division of matter into fine particles capable of spontaneous ignition.
Examples of buildings in this class are those used for :2
(a) Storage, under pressure of more than 1 kg/cm and in quantities exceeding 70 cubic
meters (m3) of acetylene, hydrogen, illuminating and natural gases, ammonia, chlorine
phosgene, sulphur-di-oxide, methyl oxide, carbon-di-oxide and all gases subject to
explosion, fume or toxic hazard ;
(b) Storage and handling of hazardous and highly inflammable liquids;
(c) Storage and handling of hazardous highly inflammable or explosive materials, other than
liquids;
(d) Manufacture of synthetic leather, ammunition, explosives and fire works.
(2) Uses permitted in a special Industries zone (I-3 Zone) :- Buildings or premises in the Special
Industries zone (I-3 Zone) may be used for industrial and warehousing purposes, except as
stipulated in sub Regulation (4) of this Regulation.
----------------------------------------------------------------------------------------------------------------------
[
] (1) - This clause was added vide Government sanction u/s. 37(2) of
M. R. & T. P. Act 1966 under No. TPB. 4398/1234/CR-201 98/Ud-11
Dt.
17.02.2000.
[
] (2) These words are deleted vide Government Order Under No.
TPB 4398/1462/CR231/98/UD-11 Dt. 21.11.2000.
[
] (3) This clause is added vide orders under 37(2) of MR&TP Act, 1966
vide No.TPB /4304/2354/CR-62/07/UD-11 dated 8th May, 2007
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 210
(3) Additional restrictions on certain types of industries :- The following types of industries
however, shall require the special permission of the Commissioner and to minimize nuisance
and other environmental hazards, he may prescribe additional restrictions like increased
minimum plot size, additional marginal open space within the plot boundary :(i) Acids like sulphurous, sulphuric, citric, nitric, hydrochloric or other corrosive types
including manufacture or their use of storage except as accessory to a permitted
industry;
(ii)
Alcohol ammonia and acetone manufacture;
(iii)
Blast furnace;
(iv)
Bleaching powder manufacturer;
(v)
Cellulose manufacture and manufacture of similar explosives or inflammable
products;
(vi)
Cellulose manufacture or treatment;
(vii)
Cement manufacture;
(viii)
Chlorine manufacture;
(ix)
Dyestuff manufacture;
(x)
Explosive or inflammable products manufacture;
(xi)
Fat rendering;
(xii)
Fat, tallow, grease or lard refining or manufacturing;
(xiii)
Fertilizer manufacture form organic materials;
(xiv)
Explosives fireworks - storage or manufacture;
(xv)
Gelatin or glue manufacture, or processes, involving recovery from fish or
animal offal.
(xvi)
Gypsum, plaster or plaster of Paris manufacture;
(xvii)
Lime manufacture;
(xviii)
Match manufacture;
(xix)
Offal, dead animals garbage or refuse dumping, incineration and reduction or
commercial basis or the establishment of loading and transfer platforms,
except where restricted, regulated or controlled by Government or Municipal
authorities having the power to restrict, regulate or control them;
(xx)
Paraffin wax products manufacture including candles;
(xxi)
Photographic films manufacture;
(xxii)
Pyroxylin manufacture;
(xxiii)
Smelting of aluminum, magnesium, tin, copper, zinc or iron;
(xxiv)
Tar distillation or manufacture;
(xxv)
Turpentine, varnish or size-manufacture or refining ;
(xxvi)
Diamond cutting and polishing;
(4)
Notwithstanding anything contained above(a)
Service industries and service industrial estates shall be permissible in the
Special Industries Zone (I-3 Zone).
(b)
With the previous approval of the Commissioner and on such conditions as
deemed appropriate by him, the existing or newly built-up area of units in the
Special Industrial Zone (Zone I-3) (including industrial estates), excluding that of
cotton textile mills, may be permitted to be utilised for an office or commercial
purposes [in the suburbs and extended suburbs, or for commercial
purposes (excluding offices) in the Island City] (4 ) , as a part of a package
measures recommended by the Board of Industrial and Financial Reconstruction
(BIFR), Financial Institutions and Commissionerate of Industries for the
revival/rehabilitation of potentially viable sick industrial units.
(c)
With the previous approval of Commissioner, any open land or lands or industrial
lands in the Special Industrial Zone (1-3 Zone) (including industrial estate),
excluding lands of cotton textile mills, may be permitted to be utilised for any of
the permissible users in Residential Zone (R-1 Zone) the or Residential Zone with
shop line (R-2 Zone) or for those in the Local Commercial Zone (C-1 Zone)
subject to the following:------------------------------------------------------------------------------------------------------------------
[ ] (4) - The words are deleted in reg. 57 vide Government Notification No.
TPB 4398/1462/CR-231/98/UD-11 Dt. 21.11.2000 u/s. 37(2) of MR&TP Act
1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 211
(i)
(ii)
These areas will be in addition to those to be earmarked for public utilities and
amenities in accordance with clause (c) (i) above and the recreational space as is
required to be provided under these Regulations and further 10 per cent shall be
provided as additional recreational space.
(iii)
(iv)
(v)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 212
Provided that public utility and amenity plots shall not be developed as per Regulation
9.
Note:
I.
Conversion from industrial zone to residential/commercial zone shall be
applicable to the part area of land holding subject to the condition that total area of the
entire land holding shall be considered for deciding the percentage of and to be
reserved of the said part area of land for public amenity spaces, as per the said
Regulation. However, necessary segregating distance shall be provided from industrial
use.
II.
In the layout, where Development Plan has provided any reservations,
A.
If the area under Development Plan reservation is less than the required area of
public amenity space as per the said Regulation, then only the difference between the
area shall be provided for public amenity spaces.
B.
If the area under Development Plan reservation is more than the required area
of public amenity spaces as per the said regulation, then the provision for public
amenity spaces is not necessary.
III.
Out of the total floor area proposed to be utilized for residential development,
20% of the same shall be built for residential tenements having built up area upto 50
sq.mt.](6)
57. (4)(c)(vi)
[If the development is already in progress as per clarification vide letter No. TPB
4393/1957/CR-230/UD-11 dated 20/10/1995 and if full occupation certificate has
not been granted, then the land owners/developer may convert the proposal in
accordance with the provisions of notification dated 14/5/07 subject to following
conditions :
Conditions :
3)
4)
(d)
With the previous approval of the Commissioner , and subject to such terms as may
be stipulated by him, open land in existing industrially zoned land or space,
excluding land or space of cotton textile mills, which is unoccupied or surplus to
requirement of the industrys use may be permitted to be utilised for office or
[or for commercial purposes (excluding offices) in the
commercial purposes
Island City] (4) but excluding warehousing.
(e)
With the special written permission of the Commissioner, isolated small open plots
upto one hectare in size allocated for industrial purposes and situated
predominantly in the residential zone (excluding the plots of cotton textile mills),
may be permitted to be used for any permissible users in Residential Zone (R-1
Zone ) or the Residential Zone with shop line (R-2 Zone).
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 213
(f)
[
] (2) - This clause was added vide Government sanction u/s. 37(2)
of M. R. & T. P. Act 1966 under No. TPB. 4398/1234/CR-201 98/Ud-11
Dt. 17.02.2000.
[
] (4) - The words are deleted in reg. 57 vide Government
Notification No. TPB 4398/1462/CR-231/98/UD-11 Dt. 21.11.2000 u/s. 37(2)
of MR&TP Act 1966.
] (3) This clause is added vide orders under 37(2) of MR&TP Act, 1966
] (6)
] (5)
[
] This clause was added vide Govt. sanction under section
37(2) of MR&TP act, 1966 under number TPB/4304/2770/CR312/04/UD11 dated 31st August, 2009.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 214
(5).
Other uses in the Special Industries Zone (I-3 Zone).-If a plot in the Special
Industrial zone (I-3 Zone) becomes unbuildable for industrial use because of any
restrictions in the Industrial Location Policy or restrictions regarding segregating
distance as provided under these Regulations, the following uses may be
permitted on such a plot with the special permission of the Commissioner :--
(i)
(ii)
(iii)
(iv)
(vi)
(vii)
(viii)
(ix)
Branches of banks including safe deposit vaults [(except that the area in
each case shall not exceed 400 sq. m. in the Island City)] (4) , telephone
exchanges, police stations, Government and Semi-Government offices [ in the
suburbs and extended suburbs only] (4 ) municipal sub-offices, fire stations
and posts and telegraph offices.
Hotels each with not more than 50 rooms ;
Convenience shops, department stores, tea stalls etc. ;
Restaurants ;
Warehouses only in the suburbs and extended suburbs.
With the prior approval of the Government, the Commissioner may alter, amend or
add to the list of the above users.
57A
[Notwithstanding anything contained in these Regulations, new offices or
expansions of existing offices in new buildings or reconstructed buildings or existing
buildings or additions to the existing buildings may be permitted in Residential Zone
with shop line (R-2), Commercial Zone (C-1 & C-2) and Industrial Zone
(I-1,I-2&I-3)situated in the Island City subject to the following conditions :
(a) adequate parking space as required under these
Regulations is provided;
(b) in case of development in R-2 Zone on
independent plots, 100 per cent built up space can
be utilized for office use, provided that no mixed
user may be permitted where the office use
exceeds 30%;
(c)
In case of development in R-2 Zone comprising
of mixed users, the built up area for office use
shall be restricted to 30% of the total permissible
built up area provided that the same shall be
segregated from residential user by a separate
building or separate wing or on separate floor
accessible by independent staircase;
(d) Reconstruction of existing office stock located in
old buildings may be allowed at consumed FSI or
permissible FSI, whichever is more;
(e) Office
use
may
be
permitted
in
Slum
Redevelopment Schemes undertaken as per the
provisions of these Regulations, both in the Island
City and the rest of Mumbai. However, the extent
of office use shall be limited to the floor area
(3)
available for free sale.]
---------------------------------------------------------------------------------------------------------------------
[
] (3) New Regulations 57 A is added after Regulations No.
57 vide Government Notification No. TPB 4398/1462/CR-231/98/UD-11 Dt.
21.11.2000.u/s. 37(2)of MR&TP Act 1966.
[
] (4) - The words are deleted in reg. 57 vide Government
Notification No. TPB 4398/1462/CR-231/98/UD-11 Dt. 21.11.2000 u/s. 37(2)
of MR&TP Act 1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 215
[(1)Lands of sick and / or closed cotton textile mills.-With the previous approval of the
Commissioner to a layout prepared for development or redevelopment of the entire
open land and built-up area of the premises of a sick and/or closed cotton textile mill
and on such conditions deemed appropriate and specified by him and as a part of a
package of measures recommended by the Board of Industrial and Financial
Reconstruction (BIFR)], Financial Institutions and Commissionerate of Industries for
the revival/rehabilitation of a potentially viable sick mill, the Commissioner may allow :
(a)
The existing or newly built-up areas to be utilisedfor the same cotton textile or related user subject to permissible FSI and
observance of all other Regulations ;
(ii) for diversified industrial users in accordance with the industrial location policy,
with office space only ancillary to and required for such users, subject to FSI
of 1.00 and observance of all other Regulations ;
(iii) for commercial purposes, as permitted under these Regulations :
(i)
Provided that in the Island City, the area used for office purposes shall not exceed
that used earlier for the same purpose.
(b)
Serial
No.
(1)
(2)
Percentage to be
earmarked
for
Recreation
Ground/Garden
/Playground or any
other open user as
specified by the
Commissioner
Percentage to be earmarked
and
handed
over
for
development by MHADA/ public
sector undertakings
Percentage
to
be
earmarked
and to be
developed for
residential or
commercial
user to be
developed by
the owner
(3)
Upto
and
inclusive of 5
Ha.
33
Between
5Ha and upto
10 Ha.
33
(5)
(4)
27 (to be developed by
MHADA for Public Housing)
40
33
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 216
Over 10 Ha.
33
30
(iii)
The owner of the land will be entitled to Development Rights in accordance with the
Regulations for grant of Transferable Development Rights as in Appendix VII only in
respect of the lands earmarked for open spaces in column (3) of the above Table and
for the lands earmarked and handed over to MHADA for Public Housing as in column
(4) of the above Table.
(2)
Lands of cotton textile mills for purpose of modernization.- With the previous approval
of the Commissioner to a layout prepared for development or redevelopment of the
entire open land and/or built-up area of the premises of a cotton textile mill which is
not sick or closed, but requiring modernisation on the same land as approved by the
competent authorities, such development or redevelopment shall be permitted by the
Commissioner, subject to the condition that it shall also be in accordance with
scheme approved by Government provided that the Government shall ensure that
when the open land allowed to be uitilised or developed exceeds 15 per cent of the
total open land and space then it is developed or utilised in accordance with clauses
(a) and (b) of Sub-regulation (1) of this Regulation.
(3)
Lands of cotton textile mills after shifting.-If a cotton textile mill is to be shifted out side
Greater Mumbai but within the State, with due permission of the competent
authorities, and in accordance with a scheme approved by Government, the
provisions of sub-clauses (a) and (b) of sub-regulation (1) of this Regulation shall
also apply in regard to the development or redevelopment of its land after shifting.
(4) The condition of recommendation by the Board of Industrial and Financial Reconstruction
(BIFR) shall not be mandatory in the case of the type referred to in sub-regulation (2) and
(3) above.](1)
------------------------------------------------------------------------------------------------------------------------------------------
[
] (1) : Old Regulations 58 was modified vide Government of Maharashtra Gazette
No. TPB 4230/516/CR-50/2000/Part-II/UD-11.Dt. 20.03.2001 and modified text of the
regulation is as under.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 217
[(1) Lands of sick and / or closed cotton textile mills.-With the previous approval of
the Commissioner to a layout prepared for development or redevelopment of the
entire open land and built-up area [of the premises](5) of a sick and/or closed cotton
textile mill and on such conditions deemed appropriate and specified by him and
as a part of a package of measures recommended by the Board of Industrial and
Financial Reconstruction (BIFR) for the revival/rehabilitation of a potentially viable
sick and/or closed mill, the Commissioner may allow:(a) The existing built-up areas to be utilised(i) For the same cotton textile or related user subject to observance of all
other Regulations;
(ii)
For diversified industrial user in accordance with the industrial
location policy, with office space only ancillary to and required for
such users, subject to and observance of all other Regulations;
(iii)
For commercial purposes, as permitted under these Regulations;
(b) Open lands and balance FSI shall be used as in the Table below:Serial
No.
Percentage to be
earmarked
for
Recreation
Ground/Garden/
Playground or any
other open user
as specified by
the Commissioner
Extent
(1)
1
(2)
Upto and
inclusive
of 5 Ha.
Percentage to be earmarked
and
handed
over
for
development by MHADA for
Public Housing / for mill
worker's housing as per
guidelines
approved
by
Government, to be shared
equally
(3)
Percentage
to
be
earmarked and to be
developed for residential
or
commercial
user
(including
users
permissible in residential
or commercial zone as
per these Regulations) or
diversified
Industrial
users as per Industrial
Location Policy, to be
developed by the owner
(4)
(5)
33
27
40
Between
5Ha
and
upto
10
Ha.
33
34
33
Over
Ha.
33
37
30
10
Notes(i)
In addition to the land to be earmarked for recreation
ground/garden/playground or any other open user as in column (3) of
the above Table, open spaces, public amenities and utilities for the
lands shown in columns (4) and (5) of the above Table as otherwise
required under these Regulations shall also be provided.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 218
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(2)
(10)
(ii)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 219
(3)
Lands of cotton textile mills after shifting--If a cotton textile mill is to be shifted
out side Greater Mumbai but within the State, with due permission of the
competent authorities, and in accordance with a scheme approved by
Government, the provisions of sub-clauses (a) and (b) of Sub-Regulation (1) of
this Regulation shall also apply in regard to the development or redevelopment
of its land after shifting.
Notwithstanding anything contained above--(a) if and when the built up areas of a cotton textile mill occupied for
residential purposes as on the 1st of January, 2000 developed or
redeveloped, it shall be obligatory on the part of the land owner to provide
to the occupants in lieu of each tenement covered by the development or
redevelopment scheme, free of cost, an alternative tenement of the size of
225 sq. ft. carpet area; [Provided that no such occupants shall be evicted till
such time, he/she is provided with alternative accommodation of the size
225 sq. ft. carpet area in such development or redevelopment scheme.](3)
[For reconstruction / redevelopment to be undertaken by landlord / or Co-Op.
Housing Society of Occupiers in respect of residential buildings / Chawls
located on the lands of Cotton Textile Mills , the following conditions shall
apply.
i.
ii.
Each occupant shall be rehabilitated and given the carpet area of 20.90 sq. mt.
or the existing carpet area occupied by him whichever is more subject to a
maximum carper area upto 70 sq. mt.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 220
iii.
iv.
The list of occupants and area occupied by each of them in the old building
shall be certified by MHADA.] (6)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 221
(b) if and when a cotton textile mill is shifted or the mill owner establishes a
diversified industry, he shall offer on priority in the relocated mill or the
diversified industry, as the case may be, employment to the worker or at
least one member of the family of the worker in the employ of the mill on
the 1st January 2000 who possesses the requisite qualifications or skills
for the job;
(c) for purposes of clause (b) above, the cotton textile mill owner shall
undertake and complete training of candidates for employment before the
recruitment of personnel and starting of the relocated mill or diversified
industry takes place.
(d) Notwithstanding anything contained above, if and when a cotton textile mill
is taken up for development / redevelopment for any industrial/commercial
purposes, the mill owner or the developer or the occupier of the premises
shall on priority provide employment to the worker or at least one member
of the family of the worker in the employ of the mill on the 1st January,
2000 who possesses the requisite qualifications or skills for the job.]
(9)(a)
(9)
(8)(a)
Funds accruing to a sick and/or closed cotton textile mill or a cotton textile mill
requiring modernisation or a cotton textile mill to be shifted, from the utilisation
of built up areas as per clause (a) of Sub-Regulations (1) and as per clauses (a)
and ( b) of Sub-Regulations (6) or from the sale of Transferable Development
Rights in respect of the land as per columns (3) & (4) of the Table contained in
clause (b) of Sub-Regulations (1) or from the development by the owner of the
land as per column (5), together with FSI on account of the land as per
column(3), shall be credited to an escrow account to be operated as hereinafter
provided.
(b)
The funds credited to the escrow account shall be utilised only for the revival /
rehabilitation or modernisation or shifting of the cotton textile mill, as the case
may be, provided that the said funds may also be utilised for payment of
workers dues, payments under Voluntary Retirement Schemes (VRS),
repayment of loans of banks and financial institutions taken for the revival /
rehabilitation or modernisation of the cotton textile mill or for its shifting
outside Greater Mumbai but within the State.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 222
(iv)
(10)
[
]
New modified text of D. C. Reg. 58 vide Government of
Maharashtra Gazette No. TPB 4230/516/CR-50/2000/Part-II/UD-11. Dt.
20.03.2001.
(3)
This clause inserted vide Govt. orders under section 37(2) of
[ ]
MRTP act, under number TPB/4302/830/CR/108/2002/UD-11 dated 25/05/2004
(4)
[ ]
----- This clause was inserted vide No: TPB 432001/2174/CR227/01/UD-11.Dated 14th June,2006.
(5)
[
]
----- These words are deleted vide No: TPB 432001/2174/CR227/01/UD-11.Dated 14th June,2006.
(6)
[ ]
-------This clause was added vide Sanction under section 37(2) of
the Maharashtra Regional and Town Planning Act, 1966 vide order No.
TPB/4302/830/CR-107/2003/UD-11 dated 6th March 2007.
(7)
[
]
This clause was added vide Sanction under section 37(2) of the
Maharashtra Regional and Town Planning Act, 1966 vide order No. No. TPB
4302/830/CR-107/2003/UD-11 dated 2nd December, 2008.
(8)
[
]
This clause is inserted vide Notification under no. TPB
4307/214/CR- 41/2007/UD-11 dated 2nd May, 2009 issued under section 37(2)
of MR&TP Act, 1966.
(9)
This clause was added vide sanction under section 37(2) of MR&TP
[
]
Act, vide order under number TPB/4307/1702/CR-188/2007/UD-11 dated 3rd
November, 2009.
(10)
This clause was added vide order under section 37(2) of the
MRTP Act, under number TPB/4309/2869/CR-238/09/UD-11 dated 24th
August, 2010.
[
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 223
[(1) For the purposes or this Regulation, the coastal areas of Greater Bombay shall be
classified into two Categories viz. Categories I and II, as under and shown in the map in
Figure I appended hereto.
Category I.- This Category shall comprise of the coastal areas from Versova Beach
starting from South of the Malad Creek upto the southern-most point in the Island City in
Colaba and thereafter stretching along the eastern coast upto the northern boundary of the M
Ward marked in black verge on the map in Figure I.
It shall comprise lands in these areas upto(a)a depth of 200 m. on the land ward side from the high tide line, or
(b)the first nearest existing or proposed development plan road on the land
ward
side from the high tide line,whichever is less.
Category II.-This Category shall comprise of the coastal areas of Greater Bombay
along the sea front upto a depth of 200 m. from the high tide line or upto the first nearest
existing or proposed development plan road, whichever is less, (I)on the west coast, the
areas of the villages of Madh, Erangal, Akse, Marve, Manori and Gorai and Malad and Marve
Creeks in the P and R Wards, and (ii) on the east coast, southern boundary of N Ward and in
the N, S and T Wards, including the creeks in these wards, which do not fall in Category I.
(2)Regulation of Development.-Notwithstanding anything contained in these Regulations
except construction of underground toilets and greening without constructions, no development
including temporary constructions, stalls, advertising signs or outdoor display structures shall be
permitted on the beaches/coastal areas proper including the sandy, rocky, rocky, craggy, marshy of
foreshore portion in the coastal areas both in Categories I and II.
The development permissible in the coastal areas in categories II and I are given below.
(A)Category I :
The following developments will be permissible:(i) On a plot of land abutting the high tide line, foreshore or creek, development of a building
shall be permitted provided the building is set-back at least 10 m. from the boundary of the
plot on the seaward side with a maximum height of o22 m. in the Island City and 16 m. in
the suburbs and extended suburbs.
(iii)
On a plot of land not abutting the high tide line, foreshore or creek,(a)If there is no building between the high tide line, foreshore or creek and
the said plot, development of a building shall be permitted with a maximum height of
22 m. in the Island city and 16 m. in the suburbs and extended suburbs;
(b)If there is an existing authorised building between the high tide line,
foreshore or creek and the said plot, with height more than that in (a) above,
development shall be permitted up to the height of the existing authorised building;
(c)Additions and alternations to or reconstruction of an existing authorised
building shall be permitted according to the normal Regulations upto the maximum
height of any part of the original building, or the heights in (a) above, whichever is
more.
[Restrictions on height spelt out in this regulation shall not be applicable for
reconstruction and redevelopment of old buildings undertaken under Regulation 33(7),33(8)
and 33(9) of these Regulations",[ which are not affected by Coastal Regulation Zone
Notification dated 19th February 1991, issued by the Ministry of Environment and Forests,
Government of India], (4) and orders issued from time to time](1)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 224
(A)
(i)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(ii)
(a)
(b)
(c)
(d)
Category II :
The following developments will be permissible,Purely residential use;
Cottage-type hotels;
Restaurants and eating houses;
Swimming pools, club houses and allied activities.
Operational construction, not including commercial, office and industrial buildings,
by defence and port authorities which physically need a water front for their operations;
Users related to fishing activities, fish curing and open land fish farming or similar
uses on the beach proper or foreshore area upto an extent of 300 m. from the village
gaothan boundary and parallel to the high tide line but excluding fish processing, fish
canning or similar units or an ice factory or cold storage. However, in any case, the beach
area proper of upto 50 m. from the high tide line towards landward side shall be kept free of
any such activities for uninterrupted movement by visitors and tourists which would enable
better, cleaner and regulated use of beaches;
Development or users related to water sports, jetties, boar storage, boat repairs,
workshop only related to fishing activities, etc.
Development as stipulated in (i) shall be subject to the following conditions :The height of a building or structure shall not be more than 6.75 m. (22 ft.) which
may be allowed to be exceeded only where the building or structure has a basement by total
of 1.83 m. (6ft.) (i.e. a plinth height of 1.22 m. (4ft.) above average surrounding ground level
and 0.651 m. (2ft.) for provision of ducts, air-conditioning equipment, beams and other
requirements).
The building or structure on the first plot abutting the beach/coastal area should be
set back by at least 10 m. from the plot boundary on the seaward side and development
should be allowed starting from the landward side of the plot boundary.
The design and construction of buildings should merge with local architecture and
landscape
No services of any kind need be provided by the Corporation:.
Provided further that, construction/reconstruction of dwelling units within the ambit of
traditional rights and customary uses may be permitted in accordance with the normal
provisions of these Regulations.
(3) Notwithstanding the provisions in this Regulation, in the case of developments to be undertaken
both in Category I and II by public authorities like the Maharashtra Housing and Area
Development Authority or any such Authority specified by the State Government, new
construction shall be permitted according to the relevant Regulations without height
restrictions, provided that the building is set back at least 10 m. from the plot boundary on the
seaward side, in the case of plots abutting the beach or coastal area.
B) Category II :
(i)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 225
beach area proper of upto 50 m. from the high tide line towards landward side shall
be kept free of any such activities for uninterrupted movement by visitors and
tourists which would enable better, cleaner and regulated use of beaches;
(n) Development or users related to water sports, jetties, boat storage, boat repairs,
workshop only related to fishing activities, etc.
(ii)
Development as stipulated in (i) shall be subject to the following conditions :(e) The height of a building or structure shall not be more than 6.75 m. (22 ft.) which
may be allowed to be exceeded only where the building or structure has a basement
by total of 1.83 m. (6ft.) (i.e. a plinth height of 1.22 m. (4ft.) above average
surrounding ground level and 0.651 m. (2ft.) for provision of ducts, air-conditioning
equipment, beams and other requirements).
(f) The building or structure on the first plot abutting the beach/coastal area should be
set back by at least 10 m. from the plot boundary on the seaward side and
development should be allowed starting from the landward side of the plot boundary.
(g) The design and construction of buildings should merge with local architecture and
landscape
(h) No services of any kind need be provided by the Corporation:.
Provided further that, construction/reconstruction of dwelling units within the ambit of
traditional rights and customary uses may be permitted in accordance with the normal
provisions of these Regulations.
(3)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 226
60.No Development Zone (NDZ) .The following uses are permissible in a No Development Zone (NDZ) provided, however, no
services of any kind will be provided by the Corporation:(i)Agriculture, horticulture and animal husbandry (except for keeping animals on a
commercial scale), subject to a limit of 10 head of cattle per acre and providing
necessary buildings, garages, pig sties, stables and storage buildings;
(ii)Gardens and poultry farms;
(iii.) Forestry;
(iv.) Golf clubs and links;
(v.) Public parks, private parks, play fields, stadia, gymkhanas, swimming pools, gliding
facilities, temporary camps for recreation of all types.
(vi) Amusement park, in a plot of not less than 5 ha. in area, with recreational and
amusement devices like a giant wheel, roller coaster, merry-go-round or similar rides,
ocean -park, swimming pool, magic mountain and lake, ethnic village, shops for
souvenirs, toys, goods, refreshments and beverages on the following conditions with the
special permission of the Commissioner:a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
The entire land for the amusement park shall vest in a single ownership and the
land shall not be sub-divided at any time.
Structure for the amusement park shall not be sold at any time to any other
person.
The required infrastructure, like proper and adequate access to the park, water
supply, sanitation, conservancy services, sewage disposal and adequate offstreet parking will have to be provided and maintained by the promoters of the
project at their cost and to the satisfaction of the Commissioner.
The promoters of the project shall provide adequate facilities for collection and
disposal of garbage at their cost, and to the satisfaction of the Commissioner
and will keep, at all times, the entire environment clean, neat and hygienic.
Structures for ancillary activities, such as administrative offices, exhibition hall
or auditorium, restaurant, open air theatre, essential staff quarters, store
buildings, fast food shops, museum, souvenir and small shops, ancillary
structures to swimming pool, may be permitted subject to a maximum floor
space index not exceeding 0.04; i.e. FSI of 0.025 for principal activity and 0.015
for ancillary activities.
Structures permitted in the amusement park (except those intended for park
apparatus, entertainment such as magic mountain etc. and other equipment)
should be ground floor structures, with the construction blending with the
surrounding environment and landscape.
Except for minor dressing, hills and natural features, if any, shall be maintained
in their natural condition and beautified with planting of trees etc.
All trees already growing on the land shall be preserved to the extent possible,
except that if it becomes necessary to cut any tree, the required permission of
the Competent Authority should be obtained under the law. At least 5 trees per
100 sq. m. shall be planted and grown within the area of the park.
Structures, buildings or monuments of historical, aesthetical, architectural, or
heritage importance, if any, shall be preserved and maintained properly.
Sufficient parking facilities and ancillary facilities for cars, buses, transport
vehicles etc. shall be provided on site as prescribed by and to the satisfaction of
the Commissioner and Commissioner of Police.
The promoters of the project will prepare a suitable layout with appropriate landscaping of the recreational and other facilities and obtain approval of the
Commissioner.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 227
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 228
(xv) [ a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 229
(viii)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
[
] (3) his new clause was added in Regulations no. 60 vide
sanction under section 37(2), from UDD in state Govt. under No. TPB
4303/CR-192/03/UD-11:Dated : 15 th May, 2004
[
] (4) This clause was added vide government order under section
37(2) of MR&TP Act , 1966, under number TPB/4320/1364/CR171/2000/UD11 dated 10.09.2001.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 230
----------------------------------------------------------------------------------------------------------------------
[
] (5) This clause was added by TPB/4302/971/CR-220/02/UD-11
dated 18th September, 2003 under section 37(2) of MR&TP Act , 1966.
61.Tourism Development Zones (TDZ).Sites or plots identified by the Tourism Department of the State Government in
consultation with the Maharashtra Tourism Development Corporation Ltd., and as
specified by Government from time to time as suitable for promotion of tourism to
serve as holiday or beach resorts, hotels or motels may be included in a Tourism
Development Zone (TDZ), and allowed to be developed for activities like beach
resorts, hotels, motels, restaurants, health farms, water sports facilities, arts and
crafts complexes, golf courses, gliding, powered gliding, grass skiing facilities,
marinas, jetties and pontoons for docking of boats and swimming pools.
If such specified sites are situated in the No Development Zone, they shall be
permitted to be developed for the aforesaid purposes with a FSI of o.5
Notwithstanding anything contained in these Regulations, additional FSI in such
zone shall not be admissible.
If such sites are situated in any other zone ,the FSI permissible shall be that
corresponding to the FSI permissible in the respective zones as
stipulated in
Table 14.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 231
(301095)
I.
GENERAL CONDITIONS
(a)
(b)
II.
Chairman
Member.
Member
Member
Member
Member
Member.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 232
III
Minimum requirement regarding the size of the plot for Tourism Development Zone
and other features shall be as follows:
Area
Permissible
Development
Zone
As
in
the
development
Control
Regulations
(Table 14)
No Development Zone
Total
NDZ Maximum
holding
TDZ
area
permissible
(fixed)
(in ha.)
(in ha)
2.00
1.00
2.00 3.00
1.10
3.00 4.00
1.20
4.00-5.00
1.40
5.00 6.00
1.60
6.00 7.00
1.70
7.00 8.00
1.80
8.00 9.00
1.90
9.00 10.00
2.00
Above 10
1/5th of the
holding
Maximum FSI
permissible
(In M2)
5000
5500
6000
7000
8000
8500
9000
9500
10000
Half of the
area of TDZ
(0.5 FSI of
TDZ area)
Note:
1.
After deducting the area of Tourism Development Zone. FSI will be available
for the rest of the land in No Development Zone as provided for No
Development Zone under Development Control Regulation No. 60 including
(xiii) (a), (b) & (c).
2.
For plots each more than 2 ha. in area in No Development Zone no subdivision of plots shall be permitted.
IV
SMALLER PLOTS:
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 233
(a)
(b)
(c)
VI
INFRASTRUCTURAL FACILITIES
Where the land are located in a unique. / unusual area, particularly suitable for
development of tourism in view of an existing waterbody, scenic beauty, tree
plantations or geological formation to but are designated / reserved in the
Development Plan for the purpose of parks or gardens or recreation ground or private
gardens or private recreational ground, it can be specified as Tourism Development
Zone. The minimum area of such site however shall not be less than 1.00 hector. The
floor space index available for development in a such site will be 0.20. This FSI is to
be consumed on only 15% per cent of the area of the lands declared ass Tourism
Development Zone out of the sites designated for open user, such as Recreation
Ground, Parks etc. Except as specified hereinabove in Part VII, such development
shall be controlled in accordance with provisions of No. 61 of the said Regulations.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 234
[Provided that, with the previous approval of the Government the permissible
FSI in park/garden/recreation ground/private garden/private recreation ground may be
permitted to exceed by maximum 100% and subject to following conditions.
1) Premium shall be recovered at the rate of 25% of the ready reckoner for
additional FSI out of which 50% shall be payable to the said corporation.
2) The remaining area of park/garden/recreation ground/private garden/private
recreation after leaving appurtenant open space shall be rendered open for the
13042010)
public.] (
i)
Built up area on Ground Floor shall not exceed 10% of the total area
reserved / designated site.
ii)
The
Corporation
shall
formulate
precise
guidelines
for
overall
VIII
Places where rare species of migratory birds are known to visit and where there is a
heritage of flora and fauna shall be given preference fro development as Tourism
Development Zones. Efforts should be made for creating environmental awareness
among the local population and especially among the school-going children in nearby
area.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 235
IX
The provisions of Coastal Zone Regulations as published by the Ministry of
Environment and Forests, Government of Indias Notification NO. SO. 114 (E) dated
19 February 1991 as amended from time to time shall be applicable till the final
approval of the Coastal Zone Management Plan and thereafter in accordance with the
provisions of such an approved Coastal Zone Management Plan.
--------------------------------------------------------------------------------------------------(301095)
[
]
Original Guidelines were approved and issued under 62(3) of
D C Regulations, 1991, vide Notification under No. TPB/4392/6065/UD-11(RDP)
dated 19 September 1995 and came into force with effect from 30th October 1995.
130599)
[
](
These words were added by modifying clause no VII in the
guidelines by Govt Notification under No. No. TPB 4398/959/CR 151/98/UD-11
dated 13th may 1999, under 62(3) of D C Regulations, 1991.
13042010
)
[
](
These words were added by modifying clause no VII in the
guidelines by Govt Notification under No. No. TPB 4307/83/CR 332/08/UD-11 dated
13th April 2010, under 37(2) of MRTP Act, 1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 236
PART V
SUPPLMENTAL AND MISCELLANEOUS PROVISIONS
62. Interpretation
(1)
(2)
(3)
In these Regulations, the use of the present tense includes the future
tense, the masculine gender includes the feminine and neuter genders,
the singular number includes the plural number and plural number
includes singular number. The word "person" includes a corporation as
well as an individual; "writing" includes
printing and typing and
"signature" includes thumb impression of a person unable to sign,
provided that his name is written below such impression.
Sizes and Dimensions.-Wherever sizes and dimensions of rooms and
spaces within buildings are specified, they mean the clear dimensions,
unless otherwise specified in these Regulations.
If any question or dispute arises with regard to interpretation of any of
these Regulations the matter shall be referred to the State Government
which, after considering the matter and, if necessary, after giving hearing
to the parties, shall give a decision on the interpretation of the provisions
of these Regulations.
The decision of the Government on the
interpretation of these Regulations shall be final and binding on the
concerned party or parities.
63.Delegation of powers.Except where the Commissioner's special permission is expressly stipulated, the
powers or functions vested in him by these Regulations may be delegated to any
municipal official under his control, subject to his revision if necessary and to such
conditions and limitations , if any , as he may prescribe. In each of the said
Regulations, the word "Commissioner" shall, to the extent to which any municipal
official is so empowered, be deemed to include such official.
(i)
(ii)
(iii)
(iv)
(b)
(i)
(ii)
(iii)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 237
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
Temporary site offices and watchmen chowkies within the site only during the phase
of construction of the main building;
structure for exhibitions/circuses etc.;
structures for storage of machinery, before installation, for factories in industrial
lands within the site;
Structures for ancillary works for quarrying operations in conforming zones;
MAFCO stalls, milk booths and telephone booths;
Transit accommodation for persons to be rehabilitated in a new construction :
Structures for educational and medical facilities within the site of the proposed
building during the phase of planning and constructing the said permanent buildings
:
Provided that temporary constructions for structures, etc. mentioned at (iii),(iv), (vi),
(ix) and (x) maybe permitted to be continued temporarily by the Commissioner but in
any case not beyond completion of construction of the main structure or building,
and that structure in (viii) may be continued on annual renewable basis by the
Commissioner beyond a period of three years.
66.Power to delegate.The State Government may, by notification in the Official Gazette delegate by a
general or special order any of its powers under these Regulations, subject to such
conditions as it may consider appropriate, to any officer of the State Government not
below the rank of Deputy Secretary, except those relating to any matter which is
required to be dealt with under the special permission of the Commissioner.
1.
2.
(ii)
In relation to religious buildings in the said list, the changes, repairs, additions,
alterations and renovations required on religious grounds mentioned in sacred
texts or as a part of holy practices laid down in religious codes shall be treated
as permissible, subject to their being in accordance and consonance with the
original structure and architecture designs, aesthetics and other special
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 238
(iii)(a)
(1)
(b)
In case of redevelopment under D.C.R. 33(6), 33(7), 33(8), 33(9) and 33(10)
of heritage building/ sites from Grade-III and precincts special permission
from the Municipal Commissioner, Municipal Corporation of Gr. Mumbai,
may be obtained if the height of the building exceeds 24 mts. (excluding
(2)
height of stilt on ground floor).
Note : - All Regulations / modifications mentioned above shall not be applicable
to the areas which are affected by Coastal Regulations Zone Notification issued
by Ministry of Environment and Forest, Government of India vide Notification
dated 19 February 1991 and orders issued from time to time. .](1)
3.
Preparation of list of Heritage Buildings and Heritage Precincts The said list
of buildings, artefacts, structures and precincts of Historical, and/or aesthetical
and/or architectural and/or cultural value to which this Regulations applies
shall not form part of the this Regulations for the purpose of Section 37 of the
Maharashtra Regional and Town Planning Act, 1966. This list may be
supplemented, altered, deleted or modified from time to time by Government on
receipt of proposals from the Commissioner or from the said Heritage
Conservation Committee, or by the Government suo motu, provided that before
the list is supplemented, altered, deleted or modified, objections and
suggestions from the public be invited and duly considered by the
Commissioner and/or by Government.
4.
5.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 239
6.
7.
8.
9.
Repair Fund -- Non-cessed buildings included in the said list shall be repaired
by the owners / lessees of the said buildings themselves or if they are cessed
buildings, those can be repaired by MHADA or by the owner or by the Cooperative Society of the owners and/or occupiers of the old building. With a
view to give monetary help for such repairs a separate fund my be created,
which would be kept at the disposal of Municipal Commissioner, Mumbai
Municipal Corporation, who will make disbursement from the funds in
consultation with Heritage Conservation Committee. Provisions for such a fund
may be made through District Planning and Development Council Budget.
10.
Grading of the Listed Buildings / Listed Precincts In the last column of the
said list of Heritage Building, Heritage precincts Grades such as I, II, or III
have been indicated. The meaning of these Grades and basic guidelines for
development permissions are as follows:
Listing does not prevent change of ownership or usage. However such usage
should be in harmony with the said listed precincts / building. Care will be
taken to ensure that the development permission relating to these buildings is
given without delay.
---------------------------------------------------------------------------------------------------------------------------------
[ ](1) This clause is added vide Government Notification u/s. 37(2) of MR&TP Act
under No. TPB 4391/1681/CR-188/91/UD-11 Dt. 25.01.1999.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 240
(2)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 241
adequate
surrounding
open
space
and
unconsumed FSI, have
been assigned Grade IIB. The remaining Grade
II buildings have been
assigned Grade IIA.](5)
B. Objective Heritage
Grade I richly deserve
careful preservation.
B. Objective-- Heritage
Grade II deserves
intelligent conservation.
Heritage
Grade
III
Deserves protection of
unique
features
and
attributes.
External
and
internal
changes
and
adaptive
reuse would generally be
allowed.
Changes
can
include
extensions
/
additional buildings in the
same plot or compound
provided that extension /
additional building is in
harmony with and does
not detract from the
existing heritage building /
precincts especially in
terms of height and/or
facade.
Reconstruction
may be allowed when the
building is structurally
weak or unsafe or when it
has been affected by
accidental fire or any other
calamity
or
if
reconstruction is required
to
consume
the
permissible FSI and no
option
other
than
reconstruction is available.
C.
[Scope
development ---
for
Grade II A: In addition to
the
scope
for
development permissible
for Grade I, internal
changes, and adaptive
reuse may be generally
allowed.
In
certain
circumstances,
extension of a Grade II A
heritage building may
also
be
allowed;
provided
that
such
extension shall be in
harmony with (and shall
not detract from) the
Grade II A heritage
building concerned or
Reconstruction may be
allowed in those buildings
being
repaired
/
reconstructed by MHADA.
However,
absolutely
unless
essential,
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precinct, especially in
terms of height and/or
faade. External changes
too may be permitted,
subject to strict scrutiny.
Care should be taken to
ensure the conservation
of
all
special
aspects/features
of
Grade II A building
concerned.
D.
Procedure
Development permission
for the changes would be
given by the planning
Authority on the advice of
the
Heritage
Conservation Committee
to be appointed by the
State Government.
Development
permission
for the changes would be
given by the Planning
Authority in consultation
with a sub-committee of the
Heritage
Conservation
Committee.
D. [ Procedure:-Development permission
would be given by the
Municipal Commissioner
in consultation with the
MHCC.] (5)
E.
Vistas/Surrounding
Development
- All the
development in the areas
surrounding
Heritage
Grade - I shall be
regulated and controlled ,
ensuring that it does not
mar the grandeur of or
views
from
Heritage
Grade - I.
] (4)
Development permission
would
be
given
for
changes by the Planning
Authority itself but in
consonance
with
guidelines which are to be
laid down by Government
in
Consultation
with
Heritage
Conservation
Committee.
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[
](4) New Regulation 67 was added vide govt. notification number
DCR/1090/3197/RDP/UD11 dated 21/04/1995.
[
] (5) These words were replaced vide sanction to modification
under section 37(2), under No. TPB/4302/66/CR 10/2003/UD-11 dated 8th
January, 2004.
D. C. Regulations 68:
[Subject to the conditions as may be prescribed by the Commissioner, Greater
Mumbai Municipal Corporation, underground parking and shopping shall be
allowed below existing or proposed Development Plan Roads and below lands
reserved for Recreational Ground / Playground / Gardens / Parks and Open
Spaces both existing and proposed and to be used at one or two levels below
the ground. Provided no such users will be allowed below the following.
Oval Maidan, Cross Maidan, Azad Maidan, Shivaji Park, All parade Grounds,
Nare Park, Jambhori Maidan, Five Gardens and Recreational Ground opposite
Scottish School, Dadar, Cadell Road (Veer Sawarkar Marg) situated to the
north of Hinduja Hospital
And provided further that the area to the extent of 10 meters along the road
side
below
the
surface
within
the
boundary
of
the
aforesaid
Maidans/Parks/Gardens / Recreational Gardens / Open Spaces may be used for
the purpose of ingress and egress to the underground area.] (2)
[Provided further that only underground parking shall be allowed below Cross
Maiden subject to the above conditions. ](3)
D.C.Regulation 69
[Notwithstanding anything contained in these regulations, in the
redevelopment of sites of existing filling and service station of Petrol,
Diesel, Compressed Natural Gas or any other Motor Vehicle Fuel,
change of user shall not be permitted.] (29082011)
-----------------------------------------------------------------------------------------------------------[ ] (2) - New Regulations No. 68 was incorporated to D. C. Regulations 1991 by
Government of Maharashtra under resolution No.DCR 1090/3197/UD-11/RDP Dt.
17.09.1994.
(3)
These words were added vide final sanction under section 37(2) by
Urban Development Departments Notification No. TPB 4308/507/CR76/2008/UD-11 dated 12th August, 2009.
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A.
GENERAL REQUIREMENTS:
1.1
AREA REQUIREMENT : Any suitable area free from all encumbrances
having sufficiently wide means of access (not less than 18 mt wide) can be
identified for the purpose of development as Special Township. The area under
the Special Township shall not be less than 40 Ha. (100 acres) at one place,
contiguous, unbroken and uninterrupted which shall not include the area under
forest, water bodies like river, creek canal, reservoir, lands falling within the belt of
100mt. from the HFL of major lakes, dams and its surrounding restricted area, lands
in the command area of irrigation projects, land falling within the belt of 200mt. from
the historical monuments and places of Archeological importance, Archeological
monuments, Heritage precincts and places, any restricted areas, notified National
parks, existing and proposed industrial zone, gaothan areas or congested areas,
truck terminus specially earmarked on Development plan, wild life corridors and
biosphere reserves, Eco-sensitive zone/ area, quarry zone and recreational tourism
development zone catchment areas of water bodies, Defence areas, Cantoment
areas, notified area of SEZ, designated Port/ Harbour areas, RTD Zone , Area under
Hills & Hill Slope zones.
1.2 MANNER OF DECLARATION :
Any area identified above and if found
suitable can be Notified by Government in Urban Development Department by
following procedure under section 37 of the Maharashtra Regional and Town
Planning Act 1966 and also in such other manner as may be determined by it for the
purpose of development as Special Township Project.
However, in cases where the proposal of Special Townships is submitted by the
land owners by themselves or by the Developer who holds rights to develop the
whole land under the Special Township, the procedure under section 37 of said act
shall not be necessary.
1.3
INFRASTRUCTURE FACILITIES :
The entire Township should be an
integrated one with all facilities within the boundaries of declared townships. All the
on site infrastructure, i.e roads, including D.P.Roads, approach road, street lights,
water supply and drainage system shall be provided and maintained in future by the
developer till urban local body is constituted for such area and the developer shall
also carry out development of amenity or proposals, if any designated in the
Development Plan, in accordance with the prevailing regulations.
(a) Water Supply : The developer shall be required to develop the source for
drinking water (excluding the groundwater source) or secure firm commitment from
any water supply authority including the Municipal Corporation of Greater Mumbai
for meeting the daily water requirement of minimum 140 litres per capita per day
exclusive of requirement of water for fire fighting and gardening. The storage
capacity of the same shall be at least 1.5 times of the actual required quantity as
determined by expected population (Resident and Floating) and other uses. The
developer would be required to develop proper internal distribution and maintenance
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
Special Concessions :
N.A permission : Non- agriculture permission will be automatic. As soon
as the scheme is notified, lands notified under Special Township area as per
Regulation No.1.2 will be deemed to have been converted into non
agriculture and no separate permission is required.
Non- agriculture
assessment however will commence from the date of sanction of scheme as
per Regulation No.7 (c).
Stamp duty : The stamp duty rates applicable in Notified Special Township
area shall be 50% of the prevailing rates of the Mumbai Stamp Act.
Development charges : A special Township Project shall be exempted
from payment of Development charges to the extent of 50%.
Grant of Government Land: Any Government land falling under
township area shall be leased out to the developer at the prevailing
market rate on usual terms and conditions, without any subsidy.
Relaxation from Mumbai Tenancy and Agriculture Land Act: The
condition that only the agriculturist will be eligible to buy the agriculture
land shall not be applicable in Special Township area.
Ceiling of agriculture land: There shall be no ceiling limit for holding
agriculture land to be purchased by the owner/developer for such project.
Exemption from Urban Land (Ceiling and Regulation) Act, 1976:
Special Township Projects will be exempted from the purview of Urban
Land (Ceiling and Regulation) Act.1976.
Scrutiny fee: A Special Township Project shall be partially exempted
from payment of scrutiny fee being levied by the Municipal Corporation of
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(i)
(j)
3. PLANNING CONSIDERATIONS:
The Township project has to be an integrated township project. The should
necessarily provide land for following users:a)
b)
c)
d)
e)
f)
g)
4.
Residential
Commercial
Educational
Amenity Spaces
Health Facilities
Parks, Gardens & Play grounds
Publiic Utilities.
The overall planning of the special townships shall be such that the project
shall meets with the specifications spelt out in the prevailing planning standards
approved by Government. Further, the planning of Special Township shall take care
of following land uses in particular.
a) Residential : The residential area should be well defined in clusters or
neighborhoods or in plotted development with proper road grid. Out of the
total built up area proposed to be utilised which is permissible as
proportionate to zoning of area under such township at least 60% of the area
shall be used for purely residential development and further out of the total
built up area proposed to be utilisied for residential development, 10% of the
same shall be built for residential tenements having built up area upto 40
sq.mt.
b) Commercial: The commercial area shall be properly distributed in
hierarchical manner such as convenient shopping, community center etc.
c) Educational: Comprehensive educational system providing education from
primary to secondary should be provided as per the requirement,. The area
allocation should be on projected population base and as far as possible the
educational complex should not be concentrated at one place. All such
complexes should have adequate area for playground. Minimum area
required for educational purpose shall be as per prevailing planning
standards.
d) Amenity Spaces: The area allocation for amenity space providing amenities
like market, essential shopping area, recreation centers, town hall , library
etc. should not be less than 5% of gross area of township and should be
evenly placed.
e) Health Facilities: Adequate area allocation for health facilities for primary
health shall be provided. Minimum area required for health facilities shall be
as per prevailing planning standards.
f) Parks, Gardens & Play Grounds: The township shall also provide at least
20% of the gross area of township as parks/gardens/play grounds without
changing the topography. This should be exclusive of the statutory open
spaces to be kept in smaller layout and should be distributed in all
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i)
I)
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Sale permission:
It would be obligatory on the part of the developer firstly to provide for basic
infrastructure and as such no permission for sale of plot/flat shall be allowed unless
the basic infrastructure as per Regulation no. 1.3 is provided by the developer to the
satisfaction of the Commissioner, Municipal Corporation of Greater Mumbai. In
case the development is proposed in Phases and sale permission is excepted after
completion of Phase wise basic infrastructure, such permission may be granted by
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7.
Procedure:
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(a)
Ownership Document:
(b)
Extent of area:
(c)
Authenticalted copies of
locational clearance and
letter of intent
Layout and building:
(Prepared & signed by
experts in respective field
and team headed by an
Architect Town Planner)
(d)
i)
ii)
iii)
iv)
v)
vi)
vii)
Plan showing road hierarchy and road
widths, pedestrian facility, street furniture,
plantation, side walk, subways with details.
viii)
ix)
Plan showing HFL of major lakes, river
if any certified by Irrigation Department.
x)
Plan showing details of distribution of
total built-up-area/ space.
xi)
Plan showing water supply distribution
system, including reservoirs, recycling system,
details of rainwater harvesting system.
xii)
Details
Scheme.
of
Storm
Water
drainage
xiii)
Details of fire fighting mechanism, fire
brigade station.
xiv)
All other documents as determined and
directed
by
Commissioner,
Municipal
Corporation of Gr. Mumbai.
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Note: The above prescribed periods shall be computed after compliance of all the
requirements listed above and any other additional information called for from the
owner/ developer by the Government/ Collector/ Commissioner.
8.
i)
Development
of
Basic
infrastructure & amenity shall be
completed by the developer to
the
satisfaction
of
the
Commissioner,
Municipal
Corporation of Gr. Mumbai as
per
phases
of
Scheme.
Development of the scheme
shall be completed within 10
years from the date of final
sanction to the layout plan of
scheme.
ii)
No building in the
scheme is permitted to be
occupied in any manner unless
occupancys certificate is issued
by
Commissioner,
Municipal
Corpn. of Gr. Mumbai.
iii)
Final completion
certificate for the scheme is to
be issued by Commissioner,
Municipal Corporation of Gr.
Mumbai in consultatiion with
Maharashtra Pollution Control
Board, Tree Authority as far as
tree plantation is concerned and
Chief Fire Officer of Municipal
Corporation Gr. Mumbai.
iv)
Application
for
occupation certificate or final
completion certificate shall be
submitted
alongwith
a
declaration and undertaking by
the developer and his structural
consultant,
Architect/
Town
Planner as follows:i)
We confirm that
all
buildings
constructed in the
scheme area are
as per norms as
specified
by
Indian
Standard
Institute for the
resistance
of
earthquake,
fire
safety and natural
calamities.
ii)
Work is done as
per
sanctioned
plan.
iii)
Built-up area and
FSI consumed in
Scheme is as per
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iv)
sanctioned plan of
the scheme.
If it is found that
extra
built-up
area/
FSI
is
consumed in the
scheme at any
time, it shall be
demolished
by
developer at his
own
cost
as
directed
by
Commissioner,
Municipal
Corporation of Gr.
Mumbai
within
one month.
9.
Interpretation:
If any question or dispute arises with regard to
interpretation of any of these regulations, the matter shall be referred to the State
Government. The Government after considering the matter and, if necessary, after
giving hearing to the parties, shall give a decision on the interpretation of the
provisions of the Regulations. The decision of Government on the interpretation of
(1)
these Regulation shall be final and binding on all concerned.]
-----------------------------------------------------------------------------------------------------------[
(1)
This new clause for special township was added vide final sanction
]
under section 37(2) of MR&TP act, 1966 under number No.TPB
4302/2080/CR-215/02/UD-11 Dated 24 th May, 2006.
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All the layout open spaces/ amenity spaces of housing societies and new
constructions/ reconstructions/ additions on plots having area not less
than 300 Sq.Mt. in non gaothan areas of all towns shall have one or more
Rain Water Harvesting structures having a minimum total capacity as
detailed in Schedule.
provided that the Authority may approve the Rain Water Harvesting
Structures of specifications different from those in Schedule, subject to the
minimum capacity of Rain Water Harvesting being ensured in each case.
b)
The owner/ society of every building mentioned in the (a) above shall
ensure that the Rain Water Harvesting structure is maintained in good
repair for storage of water for non potable purposes or recharge of ground
water at all times.
c)
The Authority may impose a levy of not exceeding Rs.1000/- per annum for
every 100 Sq.Mt. of built-up area for the failure of the owner of any building
mentioned in the (a) above to provide or to maintain Rain Water Harvesting
structures as required under these byelaws.
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SCHEDULE
RAIN WATER HARVESTING
Rain Water Harvesting in a building site includes storage or recharging into ground of
rain water falling on the terrace or on any paved or unpaved surface within the building
site.
1.
The following systems may be adopted for harvesting the rain water drawn from
terrace and the paved surface.
(i)
Open well of a minimum of 1.00 mt. dia and 6 mt. in depth into which
rain water may be channeled and allowed after filtration for removing
silt and floating material. The well shall be provided with ventilating
covers. The water from the open well may be used for non potable
domestic purposes such as washing, flushing an for watering the
garden etc.
(ii)
(iii)
The surplus rain water after storage may be recharged into ground
through percolation pits or trenches or combination of pits and
trenches.
condition, the pits may be of the size of 1.20 mt. width X 1.20 mt. length
X 2.00 mt. to 2.50 mt. depth. The trenches can be or 0.60 mt. width X
2.00 to 6.00 mt. length X 1.50 to 2.00 mt. depth. Terrace water shall be
channeled to pits or trenches. Such pits or trenches shall be back filled
with filter media comprising the following materials.
a)
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b)
c)
d)
e)
f)
g)
(v)
If the open space surrounding the building is not paved, the top layer
upto a sufficient depth shall be removed and refilled with course sand
to allow percolation of rain water into ground.
2.
The terrace shall be connected to the open well/ borewell/ storage tank/
recharge pit/ trench by means of HDPE/ PVC pipes through filter media. A valve
system shall be provided to enable the first washings from roof or terrace
catchment, as they would contain undesirable dirt. The mouths of all pipes and
opening shall be covered with mosquito (insect) proof wire net. For the efficient
discharge of rain water, there shall be at least two rain water pipes of 100 mm
dia mtr. for a roof area of 100 Sq.Mt.
3.
Rain Water Harvesting structures shall be sited as not to endanger the stability
of building or earthwork.
The water so collected/ recharged shall as far as possible be used for nondrinking and non-cooking purpose.
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Provided that when the rain water in exceptional circumstances will be utilised
for drinking and/ or cooking purpose, it shall be ensured that proper filter
arrangement and the separate outlet for by passing the first rain-water has been
provided.
Provided further that it will be ensured that for such use, proper disinfectants
and the water purification arrangement have been made. ](2)
------------------------------------------------------------------------------------------------------------------------------------------
[
] (2) This new clause for Rain water Harvesting was added vide final
sanction
under section 37(2) of MR&TP act, 1966 under number No.TPB4307/396/CR-124/2007/UD-11 Dated the 6th June,2007
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(d) The Landowner / Developer may also be permitted to utilize l/4th of the total 20%
F.S.I. earmarked for Affordable Housing towards construction of Affordable Housing
Tenements in the form of service quarters on the same plot but in a separate block
which shall have to be sold as service quarters only to the purchasers of free sale flats
under the said Scheme.
(e)There shall be no obligation to construct affordable housing tenements in
accordance with these provisions in any Housing Scheme or residential development
project wherein owing to the relevant provisions of the Development Control
Regutations, more than 20% of the basic zonal FSI is required to be utilized towards
construction of residential tenements for EWS, LIG or MIG.
(3) Amalgamation of affordable plots / affordable tenements shall not be allowed.
(4) These provisions shall be applicable prospectively and shall not be applicable to
any Housing Scheme or residential development project wherein Commencement
Certificate had been issued prior to the date of coming into force of these provisions
and was valid on such date.](08112013)
------------------------------------------------------------------------------------------------------[
] (08112013) New Regulation of Inclusive Housing was incorporated in the
D C Regulations vide modification sanctioned under no. TPB 4312/CR/45/2012/
(2)/UD-11 Dated 8thNovember, 2013, as per provisions contained in37(1AA)(c)
of M.R.&T.P. act, 1966.
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Final sanction under section 37(1AA)(C) of MRTP Act 1966, under number TPS/1810/1975/CR
NEW 65/12/DP/UD-13 dated 04/03/2014.
Setting up of Telecommunication Cell Site / Base Station and Installation of the Equipments for
Telecommunication Network shall be governed by the Regulation specifically described in Schedule-A
appended to Notification No.TPS-1810/1975/CR NEW 65/12/DP/UD-13, dated the 04/03/2014.
SCHEDULE A
Regulation No. :- Regulation for setting up of Telecommunication Cell Site(s)/Base Station(s) and
installation of the equipments for Telecommunication Network in the State of Maharashtra.
1. Applicability :This Regulation shall apply to all existing and / or proposed Telecommunication Cell Sites/Base
Stations installed or to be installed in any area in the State of Maharashtra to which the provisions of
the Maharashtra Regional and Town Planning Act, 1966, apply and shall be implemented by the
concerned Competent Authority within whose area, the land is situate.
2. Definitions :(a) Competent Authority means the Planning Authority as defined in the Maharashtra Regional and
Town Planning Act, 1966, over its area of jurisdiction and elsewhere, the Collector of the concerned
District .
(b) Telecommunication Cell Site/Base Station (TCS/BS) for any Telecom Operator shall mean and
include tower of requisite height and dimensions, delta, single pole antennae, microwave antenna,
cabin of requisite dimensions for housing equipment, telecom transceiver machinery, related civil
work, requisite wires and cables, power supply equipment, Diesel Generator (DG) Set/ Alternate power
supply mechanism, cabin /cupboard for housing any or all of the aforesaid items as necessary.
3. Control Over Development:No Telecommunication Cell Site / Base Station shall be setup or installed without the previous
permission in writing of the Competent Authority. The permission shall be granted in the same manner
as prescribed under Sections 44 to 47 of the Maharashtra Regional and Town Planning Act, 1966, in
case of areas for which draft Development Plan has been prepared or final Development Plan has been
sanctioned and under Section 18 of the said Act in respect of areas for which draft Regional Plan has
been prepared or final Regional Plan has been sanctioned.
If the Competent Authority does not dispose of the application within a period of 60 days from
the date of submission, the said application by the Telecom Service Provider/Infrastructure Provider
(TSP/IP) shall be deemed to have been approved as per the provisions under Section 45 of the
Maharashtra Regional and Town Planning Act, 1966.
4. Procedure for Obtaining Development Permission:(A) All the applications for setting up or installation of any Telecommunication Cell Site/ Base Station
(TCS/BS) or erection of a part thereof, shall be made to the Competent Authority by the concerned
Telecom Service Provider (TSP) or the concerned Infrastructure Provider (IP), in such form and
containing such particulars as may be prescribed by the Competent Authority or the Government.
(B) The application to the Competent Authority for obtaining the aforesaid development permission
shall be accompanied by the following documentsa) All the documents as otherwise required to be attached for any development permission under the
sanctioned Development Control Regulations for the area in which the site under application is located.
b) Plans showing Location Map, Key Plan, Site Plan, Block Plan and Plans of the proposed work. In
case of roof-top tower, the copy of Occupation Certificate or copy of sanctioned building plans or copy
of Commencement Certificate issued by the Competent Authority or any other valid proof, in respect of
the building on which the erection of roof-top tower is proposed, showing that such building is
authorised.
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c) Notarised consent of the Owner of premises, which shall mean and include consent of the owner of
property or no-objection certificate of the concerned registered Co-op Housing Society or notarised
consent of 70% of the total number legal occupants in case of Apartments or Condominium or no
objection certificate of the lessor in case of a lease -hold property.
d) Copy of agreement between the TSP/IP and the Owner of premises.
e) Copy of Access Service License / Infrastructure Provider (IP) Registration Certificate, granted to the
TSP/IP by the Department of Telecommunications (DoT), Government of
India (GoI).
f) Copy of clearance from the Standing Advisory Committee for Frequency Allocations (SACFA) or
copy of application made to SACFA for the said location submitted to Wireless Planning Commission
(WPC) wing of the Department of Telecommunications (DoT), with registration number as WPC
Acknowledgement, alongwith an undertaking that in case of any objection / rejection, TSPs / IPs will
take corrective actions or remove the TCS / BS.
g) Acknowledgement receipt issued by Telecom Enforcement Resource and Monitoring (TERM)
Cells in respect of the self-certificate submitted by TSP / IP regarding mobile towers / Base Transceiver
Station (BTS) [Ground-based or Roof-Top or Pole / wall-mounted] in the format as prescribed by
Telecom Engineering Centre (TEC), DoT, establishing / certifying that all General Public areas around
the TCS / BS will be within
safe Electro-Magnetic Radiation (EMR) exposure limit as per peak traffic measurement after the
antennae starts radiating.
h) Copy of Structural Stability Certificate for any ground-based Base Transceiver Station (BTS).
OR
In case of any roof-top BTS tower, Structural Stability Certificate for the building, based on written
approval of any authorized Structural Engineer of the State / Local Body / Central Building Research
Institute (CBRT), Roorkee/ IIT/ NIT or any other Agency authorized by the Competent Authority.
Provided that such NOC shall not be required for the single pole antennae or cellular signal boosters.
i) Copy of the type test certificate issued by Automotive Research Association of India (ARAI) to the
manufacturers of the Diesel Generator (DG) Sets.
(j) Notarised undertaking from the Applicant / owner of premises:(i) That the cabin will not be utilized for any purpose other than the Telecommunication Cell Site/Base
Station.
(ii) That if the said activity is discontinued by the Applicant, the said cabin will be demolished
forthwith by the Applicant /Owner of premises.
k) No-objection certificate from the Authority concerned under the Civil Aviation Ministry (hereinafter
referred to as the said Authority) in case of any building falling in any area where such no-objection
certificate of the said Authority is required under the relevant rules or law.
l) No objection certificate of the Maharashtra Pollution Control Board regarding compliance with the
norms prescribed for noise levels and smoke levels for the power generating sets having capacity above
100 kw, to be provided for Base Transceiver Stations.
m) No objection certificate of the Chief Fire Officer of the concerned Urban Local Body, and
elsewhere, of the Director of Fire Services, only in case of High Rise buildings having height of 15 mtr.
or more measured from ground level.
n) Copy of clearance from the State Environment Department as well as the Forest Department, in case
of forest, protected areas, if applicable.
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Table
Sr No.
Competent Authority
Municipal Corporation of
Greater Mumbai (MCGM)
50,000
30,000
25,000
20,000
15,000
30,000
10,000
Provided that the State Government may revise these rates from time to time by publishing a
Notification to that effect in the Official Gazette.
Provided further that in an area where the Collector is the Competent Authority, the
Administrative fee shall be collected by the concerned Branch Office of the Town Planning
Department.
6 . Planning Norms For Erection of TCS/BS :a) Notwithstanding the land use provisions under the relevant Development Control Regulations
(DCR) pertaining to any Development Plan (DP) or Regional Plan (RP), subject to the compliance of
other provisions of these Regulations, it shall be
permissible to install TCS/BS, on;(i) all land uses as earmarked in any DP or RP,
(ii) all lands which are designated for non-buildable reservations in any DP or RP, subject to the
condition that the maximum permissible area for installation of such TCS/BS shall not be more than
5% of the area of the reserved site or 100 sqm, whichever is less, and shall be located in one corner of
the reserved site.
(iii) all lands which are designated as open spaces / recreational open spaces / recreational grounds in a
sanctioned layout, where such installation shall be permissible only with the no-objection certificate of
the concerned registered co-operative housing society or consent of 70% of the total number of legal
occupants / plot holders of such layout, subject to the condition that the maximum permissible area for
installation of such TCS/BS shall not be more than 5% of such area or 100 sqm, whichever is less, and
the same shall be located in one corner of such area.
(iv) all buildable reservations in any DP or RP, except for buildings of uses mentioned in Clause No.
6(f), where such installation shall be permissible on the roof top, but only after development of the said
reservation.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 263
(v) all open lands in slum areas belonging to the Government / Public Authority / Planning Authority,
where only ground-based TCS / BS shall be permissible and no Roof-Top Tower shall be permissible,
save as provided in Clause 6(a) (vi) hereinbelow.
(vi) public buildings in slum areas, like public toilets, community centres etc., constructed by any
Public Authority or to be constructed by the TSP / IP, where construction of Roof Top Towers shall be
permissible, subject to maintenance and
compliance of other terms and conditions specified by the concerned Authority.
b) No permission for installation of TCS/BS shall be granted in wildlife areas and / or ecologically
important areas, without ecological impact assessment and review of installation site. The Forest
Department should be consulted before installation of TCS/BS in and around protected areas (PAs) and
Zoos.
c) The TCS/BS must have clear access by means of an existing road having minimum width of 6 mtr.
for locations falling in congested area as earmarked on any DP or RP and 9 mtr., for locations falling
outside such congested area. However in exceptional circumstances, the Competent Authority may
relax such road width suitably, but in no case, shall it be less than 5 mtr.
d) In case of both ground-based towers and roof-top towers, there shall be no nearby buildings right in
front of the antenna(e) of equivalent height, taking into account the tilt of the lowest antenna on tower,
as per the details in the Table below:Table
Sr.
No.
Number of Antenna(e)
Pointed in the Same
Direction
20
2
3
4
2
4
6
35
45
55
Provided that the antennae at the same height only are to be counted, as the beam width of the
mobile antennae, in the vertical direction, is very narrow.
(Explanation:- The distance figures in the above Table are based on empirical estimation considering
that all the antennae are emitting at their maximum RF power of 20 Watts and exactly in the same
direction with the same height.)
Provided further that above norms shall automatically stand revised as per the latest guidelines
issued by the DoT from time to time.
e) In case of Wall Mounted /Pole Mounted Antenna(e) :i) Wherever the antennae are mounted on the wall of a building or pole or along the road, their height
should be atleast 5 mtr. above ground level / road level.
Provided that such installations shall have to comply with the prescribed radiation limits.
ii) As far as safe distance of buildings from antenna(e) is concerned, guidelines as in Clause 6 (d)
above shall apply.
f) Installation of Base Station antenna(e) shall not be permissible within the premises of schools,
colleges, and hospitals as well as on the adjoining land /building within 3 mtr. from the boundary of
premises of schools, colleges and hospitals. Also antenna(e) shall not be directed / positioned towards
any school / college/ hospital building.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 264
g) The existing Base Station antenna(e) approved earlier on any school/ college/ hospital building shall
not be renewed further after the expiry of period of approval and the same shall be removed
immediately thereafter, subject to the provisions of Clause 8 (d).
h) Access to Base Station Antenna site shall be prohibited for the general public, by putting in place
suitable measures such as wire-fencing, locking of the door to the roof, etc.
i) The roof-top TCS/BS towers shall be put only on buildings which are declared structurally strong
enough to bear the load of such installation. The base connection to the building should be got designed
from a qualified structural engineer. Structural safety certificate of the composite structure [Building +
Tower(s)] shall have to be obtained from any of the recognized Government Institutes.
j) While according permission for installation of TCS/BS, permissible for erection of a cabin at ground
level may be granted. However, the same shall not be allowed in the prescribed marginal open spaces.
The area of such cabin shall not be more than 20 sq. mt. for each TSP/ IP, subject to the certificate of
structural safety. Built-up area of such
cabin(s) shall not be counted towards built-up area or FSI.
k) No permission for installation of TCS/BS shall be granted on buildings which are unauthorized and
structurally unsafe. If permission for installation of such structures is granted on a building, which is
declared as unauthorized at a later point of time, the Competent Authority shall first take recourse to
the provisions of sections 52, 53, 54 and 55 of the Maharashtra Regional and Town Planning Act, 1966
or other relevant laws, as the case may be, against such unauthorised building and in case the
Competent Authority, after completing the due process of law, decides to undertake any action of
demolition against such unauthorised building then such decision shall also be conveyed to the
concerned TSP/IP with a direction to relocate the TCS/BS within a period of 90 days, after which the
Competent Authority shall not be under any obligation to send any further intimation to the TSP/IP
concerned before demolishing such unauthorised building, and it shall not be liable to pay
compensation for the loss of the Base Station as a consequence of the demolition of the unauthorized
building. The TSP/IP shall indemnify the Competent Authority to this effect, while seeking permission
for installation of TCS/BS,
l) Permission for installation of TCS/BS, once granted shall remain valid for next 5 years. The TSP/IP
shall apply for renewal of permission to the Competent Authority. The Competent Authority, while
considering renewal, shall insist upon submission of fresh structural stability certificate for buildings
more than 30 years of age. Administrative fee shall be levied and collected as prescribed in Clause 5
(b) hereinabove, for every such renewal. If TSP/IP fails to apply for renewal alongwith all necessary
documents before the expiry of earlier permission, then such TSP / IP shall be liable for action under
the provisions of the Maharashtra Regional and Town Planning Act, 1966.
m) In case of any existing TCS / BS on a slum structure, every effort shall be made to relocate such
TCS / BS on a nearby suitable public building or any other authorised structure or open land in the
slum. If such relocation is not possible, then such TCS / BS may be allowed to be continued on such
slum structure subject to its structural suitability, till the TCS / BS is shifted to any other authorised
structure or till the
redevelopment of the slum, whichever is earlier.
n) While granting permission for TCS / BS, the Competent Authority shall stipulate that TSP / IP shall
conduct regular audit in accordance with the directions / guidelines issued by TERM Cell or DoT from
time to time.
7. Electro-Magnetic Field (EMF) Radiation Norms :(a) Prior to installation of TCS / BS, the TSP/IP shall have to obtain Site clearance from the Standing
Advisory Committee on Frequency Allocation (SACFA) of the Department of Telecommunication
(DoT) for every site from the point of view of interference with other wireless users, aviation hazards
and obstruction to any other existing microwave links.
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(b) The Electro-Magnetic Field (EMF) radiation from BTS towers shall be subject to the regulations
framed by the DoT from time to time. The TSP / IP shall periodically conduct audit and monitor EMF
radiation in Urban localities, hospitals and educational/indus trial
/residential /recreational premises, especially around the Protected Areas (PAs) and ecologically
sensitive areas, in accordance with the guidelines issued by DoT in this regard. It shall be binding on
TSP / IP to follow the mechanism prescribed by the DoT / TERM Cell at local level for ensuring
control on the EMF radiation and for notifying on continual basis the radiation level at critical location.
For all the existing as well as new BTSs / Towers, TSPs are required to submit self-certificates
periodically in the format prescribed by TEC, DoT, in order to ensure that normally all general public
areas around the TCS / BS site are within the safe EMR exposure limits. Audit of the self-certification
furnished by the TSPs shall be done by the TERM Cell periodically. TERM Cell shall carry out test
audit of the BTS sites on random basis as per the guidelins received from DoT and also in respect of all
cases where there is a public complaint. The TERM Cell shall have due regard to the instructions
issued by DoT regarding technical audit of TCS / BS, including radiation of towers within safe limits.
These shall include Roof Top / Ground Based / Pole Mounted / Wall Mounted Towers. The TERM
Cell shall also verify antenna orientation, safe distance from the Tower (exclusion zone) etc. For noncompliance of EMF standards, Telecom Service Provider shall be liable for penal action by the TERM
Cell and / or Department of Telecommunication (DoT). Any violation noticed may attract heavy
penalties on TSPs and may also lead to shut down of TCS / BS, in case the violation persists.
8. Miscellaneous Provisions:(a) Any complaint concerning illegal installation of TCS / BS on any building or any query of any
nature regarding the installation of telecommunication equipment, shall be addressed to the Competent
Authority which shall intimate the concerned TSP/IP about the same with a direction to resolve the
issue under intimation to the Competent Authority, within such period as may be prescribed by the
Competent Authority.
(b) The TSP/IP, who has erected TCS / BS without due permission, shall apply to the concerned
Competent Authority for regularization within 180 days from the date of coming into force of this
Regulation. In case such application is made within the prescribed period, then the offence, if any,
registered against the TSP/IP may be compounded by the Competent Authority under Section 143 of
the Maharashtra Regional & Town Planning Act, 1966, subject to the provisions of these regulations.
(c)The TSPs/IPs who have earlier erected TCS/BS with due permission, shall apply afresh, for
validation of the previous permission, to the Competent Authority within a period of 90 days from the
date of commencement of this Regulation, in order to ensure due compliance of this Regulation.
However Administrative fee in such cases shall not be leviable if appropriate fee/ Development charge,
not less than the amount prescribed under Clause 5 (b) above, has already been paid. In case the
amount paid is less than what is prescribed hereinabove, the difference in amount shall be recovered
from the TSP/IP.
(d) Any existing TCS/BS not conforming to any of the above provisions shall have to be removed
within one year from the date of commencement of this Regulation, unless the same is specifically
regularized by the Competent Authority following due compliance by TSP/IP. However, operation of
such nonconforming Telecommunication Cell Site/Base station shall be discontinued within a period of
30 days from the date of receipt of notice from the Competent Authority to that effect, which shall
however be issued only after obtaining the consent of the TERM Cell of DoT.
(e) The Licensees shall try to share the tower for fixing their respective antennae provided the
prescribed conditions are duly fulfilled, so as to ensure curtailing of multiple towers and optimizing the
use of the existing ones.
(f) Sign boards and Warning signs (Danger, RF Radiation, Restricted Area, Dont Enter etc.)
shall be provided at TCS/BS antenna sites which are clearly visible and identifiable.
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(g) The TSP/IP shall display the details of the following on a board (minimum size 24 x 48)
separately or prominently on the cabin, for the perusal of general public in such a way that the same
shall be clearly visible and identifiable.
i. Name of TSP/IP:ii. Location:iii. Tower Reference:a) Height,
b) Weight
c) Number of antennae planned on tower
d) Permissible EMF radiation level
e) Proposed EMF radiation level
iv. Due date for next renewal.
v. Contact Persons name, address and Telephone Number
vi. Address of Complaint Redressing Authority with TelephoneNumbers
vii. Police Control Room- 100
viii. Fire Control Room 101
ix. Ambulance 102
x. Other important information, if any.
Provided that in case of Telecommunication Cell Site/Base station on roof-top, the aforesaid
information shall be displayed on the ground floor of the building.
(h) The Competent Authority shall display the list of authorized TCS/BS on their official web-site,
alongwith the date of permission and due date for renewal of permission.
(i) TCS/BS Tower shall be inspected for distortion of members, torques of nuts and bolts at least once
in five years. However, in case of areas affected by any natural calamity, such as cyclone, earthquake,
flood, etc., such inspection shall be carried out immediately after such incident suo motu or on being
directed by the Competent Authority. Such inspection shall be carried out only by a qualified structural
engineer and a certificate to that effect shall be submitted to the Competent Authority.
(j) TCS/BS Towers located in highly corrosive environment shall be painted every year. Other towers
shall be painted at least once in five years to give additional protection.
(k) The Competent Authority shall make efforts to provide Single Window clearance to TSP / IP for
disposal of their applications in a time bound manner.
(l) In order to effectively address Public Grievances relating to
installation of TCS / BS and issues related to telecom
infrastructure, the State Government may set up i) State Level Telecom Committee (STC) consisting of officers from TERM Cells, State
Administration, representative(s) of concerned TSP(s) and eminent public persons etc.
ii) District Level Telecom Committee (DTC) consisting of officers from District Administration,
representative(s) of concerned TSP(s) and eminent public persons etc.
10. Powers of Interpretation and Removal of Doubt :If there is any overlapping provision or any conflict between the existing Development Control
Regulations and the provisions of this Regulation and if any interpretation is required regarding the
clauses of this Regulation, then the matter shall be referred to the Urban Development Department,
Government of Maharashtra, whose decision shall be final.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 267
APPENDIX I
[Regulations 33(5)]
Regulations for Low Cost Housing Schemes of the Maharashtra Housing and Area
Development Authority for Economically Weaker Section (EWS) and Low Income Groups
(LIG)
1.
Density :- (a) Density shall be upto 450 tenements per net hectare having at least 60 per
cent tenements for EWS/LIG housing.
(b)
2.
Extra density of 20 per cent over and above the normally permissible density
will apply for such housing schemes, with 60 percent tenements under the
E.W.S. and L.I.G. categories.
Minimum Plot Size :- (a) In the case of a growing house on a plot of 25 sq. m., a room of
minimum size of 5.57 sq.m. (60 sq.ft) with toilet arrangement in the first phase shall be
permitted. In the second phase, one room of 9.30 sq.m. (100 sq.ft.) may be allowed to be
added. However, commencement and occupation certificates shall be granted initially to the
first phase only and subsequent certificate for second phase issued as required.
(b)
Multi-purpose rooms:A multi-purpose room shall be allowed with size upto 12.5
sq.m.with a minimum width of 2.4 m.
(c)
(d)
Combined toilet :- A combined toilet shall be permitted for more than one
tenement with a minimum area of 1.85 sq.m. with minimum width of one meter.
(e)
Height :- The average height for a habitable room with sloping roof shall be
minimum 2.6 m. with minimum height of 2 m. at the eaves. In the case of a flat
roof, minimum clear height shall be 2.6 m. for a habitable room. Kitchen areas
shall have minimum clear height/average height of 2.4 m. and bath and water
closet (without loft) shall have a clear minimum height of 2.2 m.
(f)
Plinth :- The minimum plinth height shall be 30 cm. and in areas subject to
flooding the plinth shall be higher than the high flood level.
Staircases :- Single flight staircases without landing between the two floors
shall be permitted.
Front open space :- The front open space from roads having width of 9.14 m.
and below shall be a minimum of 1.5 m for buildings with heights of upto 10 mt.
Open space (side and rear) :The distance between two ground floor
structures shall be of a minimum of 4.5 m for purpose of light and ventilation of
habitable rooms.In case of toilets deriving light and ventilation from open space
, the distance between the two ground floor structures shall be a minimum of
1.5 m.
7
(i)
(ii)
(iii)
(iv)
8.
1.5
2.0
2.5
3.0
Pathways :- The widths of pathways shall be as follows :m. width of pathways upto 20 m. in length;
m. width for pathways upto 30 m. in length;
m. width for pathways upto 40 m. in length;
m. width for pathways upto 50 m. in length;
Flushing cistern :- In water closets, flushing cistern shall not be essential and toilets
without this provision may be permitted.
9.
Water closet pan size :- The water closet seat shall be of a minimum of 0.46 m. (18
inches) in length.
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10. Septic tank and leaching pits (soak pits).-A septic tank shall be provided with capacity of
141.6 litres (five cubic feet) per capita. Where the municipal services are likely to be
available within four to five years or so, pour flush water seal latrines (NEERI type) shall
be permitted where the municipal sewerage system is not available and the water table
in the area is not high.
11. Convenience shopping :- Convenience Shopping as defined in these Regulations shall
be permitted along layout roads with width of 12.2 m. to 18.49 m. provided that a
minimum set-back of 1.5m and a minimum plot area of 25.2 sq.m is available and is
provided.
12. Recreation Ground :- In the layouts, provision for recreation ground shall be on the lines
prescribed in these Regulations.
13. Ancillary structures :- Ancillary structures such as underground tank, overhead tank,
substations etc. shall be permissible in the compulsory recreation open space subject to
the condition that not more than 10 per cent of such space shall be utilised for such
purposes.
APPENDIX II
(Regulations 33 (6)
of
buildings,
destroyed
by
fire,
collapsed,
1.
The F.S.I. area of the new building shall be as given in sub-regulation (6) of
Regulation 33
2.
Reconstruction of the new building on the plot should conform to the
provisions of the development plan and these Regulations. Reconstruction on the
said plot not so affected by the development plan is permissible.
3.
The new building may be permitted to be reconstructed in pursuance of an
agreement to be executed on stamp paper by at least 70 per cent of the
landlord/occupants (if any) in the original building, within the meaning of the Mumbai
Rents, Hotel and Lodging House Rates Control Act, 1947, and such agreement shall
make a provision for accommodation for the said landlord/all occupants in the new
building on agreed terms and a copy of such agreement shall be deposited with the
Corporation before commencement or undertaking reconstruction of the new
building.
4.
The Carpet area of part or parts of the new building intended to be used as
office premises shall not exceed the carpet area of part or parts of the original
building so used as office premises or for commercial use.
5.
The new building shall be reconstructed in accordance with these
Regulations and all other Regulations and orders as applicable from time to time.
The Commissioner may exercise his powers under Regulations 64 for condonation
of minor variations in respect of such reconstruction.
6.
The maximum area of a residential tenement in the reconstructed building
shall not exceed 70 sq.m. or such larger area as may be decided by the State
Government in deserving cases.
7.
The landlord/occupants of the original buildings shall furnish a duly stamped
under-taking that he/they shall allot to all the occupants in the original building
accommodation in the new building in accordance with Regulations 3 in this
Appendix.
8.
No construction or reconstruction shall be permitted on set-back areas or
areas required for road-widening and such areas shall be handed over to the
Corporation.
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9.
Reconstruction
of collapsed/gutted/demolished portions of buildings
(provided such collapsed/gutted/demolished portion is not more than 25 per cent of
the whole building, excluding sanitary portions and common facilities, passages and
usages such as lift portion and lift wells, staircases, etc.) will be permitted subject to
these Regulations with the use of conventional materials only, except for repairs to
the aforesaid sanitary portions and common facilities which will be permitted in
R.C.C. with existing FSI, irrespective of permissible F.S.I.
APPENDIX III
[Regulations 33(7)]
Regulation for reconstruction or redevelopment of cessed buildings in the Island
City by Co-operative Housing Societies
1. (a) The new building may be permitted to be reconstructed in pursuance of
an agreement by at least 70 per cent of the landlords/occupiers of the old
building
(b) All the occupants of the old building shall be re-accommodated in the
redeveloped building.
2. Each occupant shall be rehabilitated and given the carpet area occupied by
him in the old building subject to the minimum area as prescribed in the
building bye-laws of the Corporation or these Regulations and/or maximum
area upto 70 sq.m. as provided in the Maharashtra housing and Area
Development Act ,1976.
3. The list of occupants and area occupied by each of them in the old cessed
building shall be certified by the Mumbai Housing and Area Development
Board.
4. The tenements in the reconstructed buildings shall be allotted by the
landlords/occupants' co-operative housing society as per the list certified by
the Mumbai Housing and Area Development Board.
The
prescribed
percentage of the surplus built-up area as provided in the Table in the Third
Schedule of the Maharashtra Housing and Area Development Act, 1976,
shall be made available to the Mumbai Housing and Area Development
Board for accommodating the occupants in transit camps or cessed buildings
which cannot be reconstructed, on payment of an amount not exceeding Rs.
1,450 per sq. m. (Rs. 135 per sq. ft.) or as may be prescribed by
Government from time to time.
5. Construction or reconstruction of an old building shall conform to the
provisions of the final development plan and these Regulations.
Reconstruction on part of the plot not so affected by the development plan is
permissible.
6. Marginal open spaces on all sides shall be at least 1.5 m. provided that the
distance between two buildings on the same plot shall not be less than 3 m.
7. It will not be obligatory to provide a lift for the reconstructed building with not
more than five floors. However, all precautions or steps shall be taken for
avoidance of fire, providing for safety and fire safety measures and for
tackling accidents or emergencies.
8. In the new buildings, commercial/office area/shopping area shall not be more
than that existing prior to demolition or reconstruction of the old building. No
additional commercial office shopping area shall be allowed in any case.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 270
Commissioner only after he is satisfied that the said society fulfills all
conditions to be eligible for the benefits under these Regulations.] (1)
APPENDIX III
[Regulation for the reconstruction or redevelopment of cessed buildings in the
Island City by the Landlord and/or Co-operative Housing Societies. (D.C.
Regulations No. 33(7)
1. (a) The new building may be permitted to be constructed in
pursuance of an irrevocable written consent by not less than 70 per cent of the
occupiers of the old building.
(b) All the occupants of the old building shall be re-accommodated in
the redeveloped building.
2. Each occupant shall be rehabilitated and given the carpet area
occupied by him for residential purpose in the old building subject to the
minimum fixed carpet area of 20.90 sqmt. (225 sqft.) 27.88 sq.mtrs.(300 sq.ft.)
(5)
and/or maximum carpet area upto 70 sqmt. (753 sqft.) as provided in
(fixed)
the MHAD Act, 1976. In case of non-residential occupier the area to be given in
the reconstructed building will be equivalent to the area occupied in the old
building. [Provided that if carpet area for residential purpose exceeds 70.00 sq. mt.
(753 sq. ft.) the cost of construction shall be paid by tenant /occupant to the developer.
The cost of construction shall be as per ready reckoner rate of that year. However , the
carpet area exceeding 70.00 sq. mt. (753 sq. ft.) shall be considered for rehab FSI but
(21052011)
The list of occupants and area occupied by each of them in the old
cessed building shall be certified by the Mumbai Repairs and
Reconstruction Board and the irrevocable written consent as specified
in 1 (a) above shall be certified by the Board.
-------------------------------------------------------------------------------------
[ ] (1) Old Appendix III of DCR 33(7) is deleted vide Government Notification u/s.
37(2) of MR&TP Act 1976 under No. TPB 4391/1681/CR-188/91/UD-11
Dt. 25.01.99
and replaced by new clause.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 271
4.
(21052011)
(14082013)
(14082013)
(14082013)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 272
(21052011)
(14082013)
(a)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 273
(21052011)
10(a) In the case of redevelopment scheme in progress and such schemes where LOI
has been issued, the owner/Developer /Co-op. Housing Societiy with the prior
approval of Govt. may convert the proposal in accordance with modified regulations,
only regarding size of tenements and loading of FSI, insitu. However, such
conversion is optional and shall not be binding.
(07102013)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 274
(15) - An amount of Rs.5000/- per sq. mt. shall be paid by the owner / developer/
society as additional development cess for the builtup area over and above the
normally permissible FSI, for the rehabilitation and free sale components. This
amount shall be paid to the Corporation in accordance with the time schedule for
such payment as may be laid down by the Commissioner, MCGM provided the
payment of installments shall not go beyond the completion of construction. This
amount shall be used for Scheme to be prepared for the improvement of off-site
infrastructure in the area around the development. The above development cess
(3)
shall be enhanced @ 10.00% every three years.
(16) - As per the provision of clause 2, each residential/non residential occupant
shall be rehabilitated only for carpet area mentioned in the said clause No.2 and
such areas shall be clearly shown on the building plan submitted to the
(3)
Corporation/ MHADA.
(17)
(21052011)
(18)
Restriction on transfer of tenements shall be governed by provision of
rent control Act till Co.Op. Society is formed and after that the same shall be
governed by the provision of Maharashtra co-op. Societys Act.
(21052011)
(19)
Non Deduction of non-cessed Structure area in the scheme of 33(7) for
FSI purpose. In case of mix of the structure i.e. cessed & non cessed Structure
and if the area of non cessed structure existing prior to 30/9/69, area of land
component under non-cessed structure works out upto a limit of 25% of plot
area, then FSI Shall be considered on total plot area. If this area exceeds 25% of
the total area,then area above 25% shall be deducted from plot area. FSI for
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 275
deducted area shall be as per regulation 32 and the remaining plot area shall be
as per 33(7)
(21052011)
----------------------------------------------------------------------------------------------------[
] (2) Old Appendix III of DCR 33(7) replaced by new one vide
Government Notification u/s. 37(2) of MR&TP Act 1976 under No. TPB
4391/1681/CR-188/91/UD-11 Dt. 25.01.99.
](3)
These words were added vide Notification No. TPB 4308/3224/CR268/08/UD11.Dated 2nd March, 2009.
(5)
[
]
--- The words were replaced by Corrigendum
TPB/432001/2202/CR-3/2002/UD 11 dated 9 th January 2002.
under
no.
[
] (21052011) These words were added/replaced/substituted vide Notification
No. TPB.4308/3224/CR-268/08/UD-11dtd. 21th may 2011
31102011
)
[
] (
These words were added by Govt Notification
under No. No. TPB 4303/533/CR 63/2003/UD-11 dated 31st October,
2011, under 37(2) of MRTP Act, 1966.
(18012012)
.]
(07102013)
.]
14082013
)
[
] (
These words were added/deleted by Govt
Notification under No. No. TPB 4312/CR 5/2012/UD-11 dated 14th
August, 2013, under 37(1)(AA)( C ) of MRTP Act, 1966.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 276
[Appendix-III-A
Regulations for reconstruction
buildings / Urban Renewal Schemes.
1.1.
or
redevelopment
of
cessed
Urban Renewal Scheme means any scheme in the Island City of the Mumbai
having a minimum area of 4000 sq.mtrs. bounded by existing distinguishing
physical boundaries such as roads, nallas, railway lines etc. and which consists
of a mix of structures of different characteristics such as i)
ii)
iii)
iv)
v)
vi)
vii)
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cluster for the purpose of calculation of area of cluster. However, such area along with
slum area and area under buildings constructed after 30/9/1969, as per Regulation 1.1
(vi) above, shall not exceed 25% of total plot area. FSI admissible for such areas shall
be admissible as per the relevant provisions of DCR under which the areas are
developed/under development. However, it shall be necessary to obtain consent of
owner/owners of such areas to become part of the cluster.
2.
a. Buildings:
i.
ii.
iii.
b.
i. All the inhabitants of existing structures whose names and structures are included in
the Assembly Election roll of 1/1/1995 or such other reference date notified by the
government or a date prior thereto and who are staying there at.
ii. A structure shall mean all the dwelling areas of all persons who are enumerated as
living in one numbered house in the electoral roll of the latest date, upto 1st January
1995 and regardless of the number of persons, or location of rooms or access.
iii. The eligibility of the participants will be certified by the Competent Authorities as
notified under the Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971.
3.
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Each occupant/ tenant shall be rehabilitated and given the carpet area occupied
by him for residential purpose in the old building subject to the minimum fixed
carpet area of 27.88 sq.mt. (300 sq.ft.) and maximum area equivalent to the area
occupied in the old building. In case of non-residential occupier, the area to be given
in the reconstructed building will be equivalent to the area occupied in the old
building.
Provided that, for the carpet area for the residential purpose exceeding 70
sq.mt. the Cost of construction shall be paid by the tenant/occupant to the developer.
The cost of construction shall be fixed by Govt. from time to time. However, the
carpet area exceeding 70 sq.mt. shall be considered for rehab FSI but shall not be
considered for incentive FSI.
The slum dwellers shall be eligible for the area admissible as per DCR
33(10)
5.
The total permissible FSI shall be on gross plot area excluding reservations
/ designations, but including the built up area under reservation /
designation.
Provided that in all the projects undertaken jointly with the land owners
and / or Co-op. Housing Societies of tenants/occupiers of the buildings or
Developer or Co-op. Housing Society of hutment dwellers therein where
the rehab FSI exceeds 2.50, MHADA/MCGM shall get 5% of built up
area for FSI 4.00 free of cost. This additional area shall be included in
rehabilitation area and incentive to the extent of 50% shall be available
for this area.
b)
c) The incentive FSI admissible against the FSI required for rehab shall be as
under :i)
ii)
iii)
iv)
v)
Where the total area of amalgamated plots is between 4000 8000 Sq.mt. then the incentive FSI admissible will be 55%.
Where the total area of amalgamated plots is between 8001 12000 Sq.mt. then the incentive FSI admissible will be 65%.
Where the total area of amalgamated plot is above 12001 16000 Sq.mt., then the incentive FSI admissible will be 70%.
Where the total area of amalgamated plot is above 16001 20000 Sq.mt., then the incentive FSI admissible will be75%.
Where the total area of amalgamated plot is more than 20000
Sq.mt., then the incentive FSI admissible will be 80%.
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If any new area is added and if there is change in the slab prescribed
above, the incentive FSI for the additional area in the changed slab shall be
determined as per the area falling the next slab. However augmentation of area of
cluster is not allowed after completion of scheme.
Provided that amalgamation of the plots from Revenue Department shall be
insisted before the issue of commencement certificate.
d) In the proposal of maximum 4.00 FSI the permissible
maximum FSI over and above rehab + incentive as per (c)
above shall be shared in terms of built up area between
M.C.G.M./MHADA (in proportionate to their plot areas) and
private developer in Joint Venture in the ratio of 1:0.5.
Provided that the area equivalent to the market value of
area admissible as per the prescribed percentage of built up
area and the share of built up area admissible under 5(a) and
5(d) respectively can be made available within the same
municipal ward of MCGM.
e)
In the urban renewal scheme for those structures containing other than as
mentioned in 1.1 above, for the land component area beneath such structure,
the FSI shall be admissible as per rule No.32 and for remaining plot of land
area the FSI shall be admissible as per 5(a) to (c) above.
With the prior approval of the High Power Committee, occupant of
tolerated structures encroaching over roads in nearby vicinity should be
allowed to be included in the scheme and its built up area shall be included
in rehab area, provided the structure is permanently removed.
6.
From the entire FSI available under clause 5, entire rehab and MHADAs share
shall be allowed to be utilized on plot / plots under redevelopment scheme. In case of
part of incentive FSI, is not proposed to be utilized on the same plot, the benefit of
transferable development rights to be used in suburbs or extended suburbs as per
D.C. Regulation No 34 appendix VII, shall be given.
Even if the scheme partly includes slum, the TDR generated it
will be considered at par with reservation TDR.
7.
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otherwise
9.
An amount of Rs. 5000/- per sq. mt. shall be paid by the owner /
developer/ society as additional development cess for the builtup area over
and above the normally permissible FSI, for the rehabilitation and free sale
components. This amount shall be paid to the Corporation in accordance
with the time schedule for such payment as may be laid down by the
Commissioner, MCGM provided that the payment of installments shall not
go beyond the completion of construction. This amount should be kept in
separate account and shall be used for Scheme to be prepared for the
improvement of off-site infrastructure around the cluster. The above
development cess shall be enhanced @ 10.00% every three years.
10.
11.
Non conforming activities All activities which are existing
shall be allowed to be reaccommodated regardless of the non
conforming nature of the activities except those which are hazardous
and highly polluting and except in cases where the alternative
accommodation have already been provided elsewhere by the
Municipal Corporation.
12.
The calculation of FSI for all purposes shall be on gross area i.e.
without deducting any percentage for recreation open space.
This shall not affect the requirement of physical open space
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12.3
12.4
12.5
12.6
12.7
12.8
12.9
12.10
12.11 Pathways and means of access The ratio between the length of
the pathway and the width thereof shall be as follows.
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Length
Upto 20 meters
21 to 30 meters
31 to 40 meters
41 to 50 meters
Width
1.5 meters
2.0 meters
2.5 meters
3.0 meters.
12.12 Between the dimensions prescribed for the pathway and marginal
distances, the larger of the two shall prevail. The pathway shall
act as access wherever necessary. The building shall be
permitted to touch pathways.
12.13
12.14
12.15 Premium shall not be charged for exclusion of staircase and lift
well etc. as covered under the provisions of DC Regulation
35(2)(c).
12.16 In order to make the urban renewal scheme viable, the Municipal
Commissioner shall be competent to sanction any relaxation in
marginal open spaces except front marginal open spaces and
parking requirement wherever necessary due to bonafide
hardship, for reasons to be recorded in writing which shall not
affect general and fire safety requirements.
12.17
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14.
15.
16.
17.
Those schemes for which approval has been given under DCR
33(7) and for which work has not yet started, can be considered
for approval under DCR 33(9) provided they satisfy all the
conditions for approval under DCR 33(9).
18.
[
] (3) This new appendix was added by Government Notification No. TPB
4307/2346/CR-106/2008/UD-11 Dated 2nd March, 2009.
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Appendix-III-A
Regulation for Reconstruction or Redevelopment of Cluster(s) of
buildings by implementing Urban Renewal Scheme(s).
1.1 Urban Renewal Scheme" (URS) means any scheme for redevelopment
of a cluster of buildings and structures over a minimum area of 4000 sq. mt.
in the Island City of
Mumbai, bounded by existing distinguishing physical boundaries such as
roads, nallas, railway lines etc. and accessible by an existing or proposed
D.P. road which is at least 18 mt. wide--whether existing or proposed in the
D.P. or URP or a road for which Regular line of street has been notified by
the Municipal Corporation under Mumbai Municipal Corporation Act, 1888.
Such cluster of buildings (hereinafter referred to as "Urban Renewal Cluster
or URC ") shall be a cluster or a group of clusters identified for urban
renewal :--
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.
In specific cases where URS is not bounded by roads, nallas
and Railway lines, the boundary of the Cluster may be decided by the
Municipal Commissioner.
1.2 The Urban Renewal Cluster may consist of a mix of structures of
different characteristics such as
(i) Cessed buildings in Island City, which attract the provisions of MHAD
Act,
1976.
(ii)
(a) Buildings at least 30 years of age and acquired by MHADA under
MHAD Act, 1976.
(b) Authorised buildings at least 30 years of age
Explanation.-- Age of a building shall be as on the 1 st of January of
the year in which redevelopment proposal for the URC complete in all
respects, is submitted to the Commissioner and shall be calculated from the
date of occupation certificate or where such occupation certificate is not
available ,from the first date of assessment as per the property tax record in
respect of such building, available with the Municipal Corporation.
(iii) (a) Buildings belonging to the Central Government, the State
Government, Semi- Government Organisations and the Municipal
Corporation of
Greater Mumbai (MCGM), as well as institutional buildings, office
buildings, tenanted municipal buildings and buildings constructed by
MHADA, that are at least 30 years of age.
(b) Any land belonging to the State Government, any semiGovernment
Organisation, MCGM and MHADA (either vacant or built upon) which
falls within the area of the proposed Urban Renewal Scheme including that
which has been given on lease or granted on the tenure of Occupant Class II.
Provided that in case of buildings or lands belonging to the Central
Govt., the State Government, Semi-Government Organisations and MCGM
or MHADA, prior consent of the concerned Department hall have to be
obtained for including such buildings or lands in any proposal of Urban
Renewal Scheme.
(iv) Other buildings which by reasons of dis-repair or because of
structural / sanitary defects, are unfit for human habitation or by reasons of
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3.Land Pooling for the URS :-The Promoter of URS shall try to pool lands belonging to various
categories of landholders including Public lands by obtaining their consent
for including their lands in the proposed URS, by resorting to any of the
following methods of land pooling ---1) Purchase of lands, including buildings, if any, standing thereupon,
Provided that if the Promoter wishes to purchase any building or land
belonging to the State Govt. or MCGM or MHADA or any Agency under
the control of State Govt.(hereinafter collectively referred as "Public
Authority"), then he shall make a written request in this regard through the
Municipal Commissioner to an Empowered Committee headed by the Chief
Secretary. This Empowered Committee shall consist of the following
membersChief Secretary
- Chairman
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4.
a) Redevelopment or Reconstruction under Urban Renewal Scheme
may be permitted in pursuance of an irrevocable registered written consent
by not less than 70 percent of the eligible tenants/occupiers of all the
authorised buildings on each plot involved in the Urban Renewal Scheme or
as provided in MHAD Act, 1976. Consent as aforesaid of such 70% tenants
/occupiers for reconstruction or redevelopment shall be required, even if
MHADA / MCGM undertakes redevelopment, on its own land, directly
without any developer.
The Developer shall be required to submit along with the URS
proposal, proof of ownership or procurement of development rights in
respect of at least 70% of the land under the proposed URS and it shall be
mandatory for him to submit such proof of ownership or procurement of
development rights in respect of the balance area within one year from the
date of issue of the Letter of Intent.
b) All the eligible occupants / tenants of the building(s) undergoing
redevelopment shall be rehabilitated in the redeveloped building(s).
5. Rehabilitation Entitlements:(i) Each occupant/ tenant shall be rehabilitated and given on ownership
basis, carpet area equivalent to the area occupied by such occupant / tenant
in the old building. However in case of residential occupants such carpet
area shall not be less than 27.88 sq.mt. This shall be called the "basic
entitlement" of an eligible occupant.
This shall be called the "basic entitlement" of an eligible occupant.
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Over and above the basic entitlement, there shall be additional entitlement
for the rehabilitation of Residential Occupants governed by the size of the
Urban Renewal Cluster in accordance with the Table-A below:-
Table-A
Area of the Urban Renewal Cluster
Above 1 Hectare up to 2 Hectare
Above 2 Hectare up to 5 Hectare
Above 5 Hectare up to 10 Hectare
Above 10 Hectare
Additional Entitlement
(As % of the Basic entitlement)
15%
20%
25%
30%
Over and above the additional entitlement prescribed above, 10% bonus
entitlement for the rehabilitation of Residential Occupants shall be allowed
if the proposal, complete in all respect, is submitted within 3 years from the
date of coming into force of this modified Regulation and proposal,
complete in all respect, is submitted to the Competent Authority within 1
year from the date of approval by the High Power committee (HPC) set up
under Clause-21 of this Appendix.
Provided that if the carpet area of any occupant /tenement in the old
building is 100 sq.mt. or more then he shall be entitled to additional
entitlement and bonus entitlement only on the basis of carpet area of 100
sqmt.
Provided further that the above provision of "Additional Entitlement"
and "Bonus Entitlement" shall be applicable only in case of URS having
maximum FSI of 4.00.
Provided further that the rehabilitation entitlement of any occupant of
a commercial establishment, who is allowed by the HPC to be rehabilitated
in a residential tenement in lieu of his commercial establishment, shall also
be governed by the aforesaid provisions applicable to the residential
occupants in these regulations.
(ii) Each eligible slum dweller shall be entitled to a tenement of carpet area
of 25.00 sq.mtrs. ( 269 sq. ft.) only.
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6. Total Permissible FSI for URS :a) The total permissible FSI for an Urban Renewal Scheme shall be
4.00 on gross plot area, but excluding the reservations/designations, Road
set back, area under existing Municipal Roads but including the built up area
under reservation/designation, Road set back or sum total of the
Rehabilitation FSI + Incentive FSI, whichever is more.
Provided that the aforesaid FSI shall be exclusive of the Fungible FSI
admissible under the provision of DCR 35 (4).
b) The FSI for Urban Renewal Schemes in CRZ area, shall be governed by
the MoEF Notifications issued from time to time.
c) The incentive FSI admissible against the FSI required for rehabilitation,
shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land
Rate (LR), in Rs/Sqm., of the lands included in the Urban Renewal Cluster;
as per the Annual Statement of Rates ( ASR ) and Rate of Construction (RC
)* in Rs/Sqm., applicable to the area as per the ASR and shall be given as
per the Table-B below:Table-B
Basic Ratio
(LRlRC)*
Incentiye
( As % of Admissible Rehabilitation Area)
For 0.4ha to For 1.0ha to For 5.0ha to
1.0ha.#
5.0ha
10.0ha.
Above 6.00
55%
60%
65%
Above 4.00 65%
70%
75%
and upto 6.00
For 10.0 ha
& above
70%
80%
80%
85%
90%
Upto 2.00
90%
95%
100%
85%
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average of all the applicable rates shall be taken for calculating the Average
Land Rate and the Basic Ratio.
Provided further that for calculation of the Basic Ratio, the Land Rate ( LR )
and the Rate of Construction ( RC ) shall be taken for the year in which the
Cluster Development Project is approved and LOI is issued by the Authority
competent to approve it and the said ratio shall remain unchanged even if
such Scheme undergoes any revision or modification subsequently during its
course of completion.
Provided further that if any new area is allowed to be added to or deleted
from the Urban Renewal Scheme after such Scheme has been approved and
if there is change in the slab prescribed above, the incentive PSI for the total
area of the revised Scheme shall be determined as per the new slab.
Provided further that any new area is to be added to a URS shall not be less
than 75% of the minimum area required for URS.
Provided further that augmentation of area of Urban Renewal Cluster shall
not be allowed after further C.C. has been issued in respect of more than
75% of the total permissible built-up area sanctioned under the original
Scheme and there shall be no revision of individual entitlements as a result
of such amalgamation of area. However, deletion of area from a sanctioned
scheme will be permissible provided the construction of rehabilitation
component has not commenced and such deletion does not break the
contiguity of the area under Urban Renewal Scheme.
d) If the total of rehabilitation FSI + incentive FSI is less than 4.00, then the
Balance
FSI over and above total of "rehabilitation FSI + incentive FSI" as per ( c)
above upto the limit of 4.00 shall be shared in terms of built up area between
MHADA and the Promoter/ Developer in accordance with Table-C below :Table-C
Basic Ratio
(LRlRC)*
MHADA Share
Above 6.00
Above 4.00 and upto 6.00
30%
35%
70%
65%
40%
60%
Upto 2.00
45%
55%
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b.
Any land under non-buildable reservations, admeasuring only upto
500 sq.mt. may be cleared by shifting the existing tenants from that site.
c.
If the area under a non buildable reservation is more than 500 sq.mt.,
minimum 50% of the area under reservation shall be developed for the same
purpose and handed over to MCGM, subject to a minimum of 500 sq.mt.
and the remaining land shall be allowed for development. The said provision
is subject to the Hon'ble High Court's Order in Writ Petition No. 1152/2002
(City Space V/s. Govt. of Maharashtra)
d.
All the reservations in the Development Plan shall be rearranged, if
necessary, with the same area and the same width of access road or as
required under DCR, whichever is more.
e.
For the reservation of parking lot on a land included in URC, built up
area equivalent to zonal permissible FSI for the area under reservation in
that plot shall be made available free of cost to the Municipal Corporation or
to any other Appropriate Authority. Such built up area to be handed over
shall be free of FSI.
f. For other buildable reservations on land, built up area equal to 60% of the
zonal permissible FSI under such reservations or existing built up area of the
amenity whichever is more, on that plot shall be made available free of FSI
and free of cost to the Municipal Corporation or the Appropriate Authority.
The reservations of compatible nature can be preferably constructed in one
or more separate blocks, depending on the area and nature of such
reservations and Municipal Commissioner may permit composite
development of reservations in case of such reservations. However, if the
HPC/Planning
Authority
requires
built-up
area
under
any
designation/reservation in excess of the zonal permissible FSI, then such
excess area shall be considered as rehabilitation F.S.I, and incentive FSI as
admissible under this Regulation shall be permissible.
Provided that in case of development of reservations of PH, PH/HDH & HD
under the Urban Renewal Scheme, built-up area equal to 30% of the zonal
permissible FSI shall be handed over to the Municipal Corporation free of
FSI and free of cost, in addition to the rehabilitation of the existing
tenements or users if any.
g. Where a proposed Development Plan Road or Regular line of street
passes through the Urban Renewal Scheme area, the entire FSI admissible
under these Regulations for the area of the road may be given in the same
Scheme.
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13. Relaxation in Building and other requirements:In case of tenements of 27.88 sq.mt. Carpet area for rehabilitation or
tenements to be given to MHADA, towards its share and the built-up area to
be handed over to the Planning Authority / Appropriate Authority, the
following shall be applicable.
13.1 Calculation of FSI for all purposes shall be on gross area of the URS
i.e. without deducting any percentage for recreational open space. This shall
not affect the requirement of physical Recreational open space, to be kept on
the site as per prevailing
D.C. Regulations
13.2 The provision in Regulation 38(22) relating to balcony shall apply to
the URS with the following specifications :Balcony shall not reduced marginal open space to less than 3.00 m.
However, at ground level, minimum 4.5 m clear margin shall be maintained.
13.3 Notwithstanding anything contained in Regulation 35(4) of the DCR,
areas of common passages not exceeding 2.00 mt. in width, provided for
giving access to the tenements in rehabilitation component and the
tenements to be handed over against reservation and MHADA component
shall not be counted towards FSI.
1 3.4 Front and marginal open spaces, for a building having height up to
24.0 m. in the rehabilitation component or a composite building, shall be 4.5
m.
Provided that open space of the width of 6 meters at least on one side at
ground level within the plot, accessible from the road side shall have to be
maintained for the maneuverability of a fire engine, unless the building
abuts two roads of 6 meters or more on two sides, or another access of 6
meters to the building is available, apart from the road abutting the building.
13.5 Notwithstanding the provisions in Regulation 29 (Table 10) where the
location of the URC plot abuts a DP Road having width of 18.3 mt. and
above. The front marginal open space shall not be insisted upon beyond 4.5
mt. provided, such road is not an Express Highway or a road wider than 52
mt.
13.6 Where the location of the URC plot abuts a trained nallah, the marginal
open space along the nallah shall be 4.5 mt. from the edge of the trained
nallah, or as required by SWD Department of MCGM, whichever is greater.
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13.7 The distance between any two rehabilitation buildings shall not be less
than 6.00
mt.
13.8 If the height of any building constructed under URS is more than 24
mt., marginal open space of 6 mt. or as required by CFO whichever is
greater shall be maintained.
13.9 A composite building under URS shall have at least 50 percent of the
built-up area as rehabilitation component.
13.10 Wherever more than the minimum front and marginal spaces have
been provided, such additional area provided may be considered wherever
necessary, as part of the amenity open space under the URS comprising both
rehabilitation and free sale components, without charging any premium, in
relaxation of the stipulation in
Regulation No. 23.
13.11 Pathways and Means of Access. - The ratio between the length of the
pathway and the width thereof shall be as follows :Length
Upto 20 Mtrs.
21 to 30 Mtrs.
31 to 40 Mtrs.
41 to 59 Mtrs.
Width
1.5 Meters.
2.0 Meters.
2.5 Meters.
3.0 Meters.
13.12 Between the dimensions prescribed for the pathway and the marginal
distances, the larger of the two shall prevail. The pathway shall act as access
wherever necessary. The building shall be permitted to touch pathways.
13.13 The means of access shall be normally governed by the provisions of
Regulation No. 22. However, in the URS, wherever the design of the
buildings up to 24 m. height requires relaxation in the width of access, the
same may be given. However, high rise building shall be permissible only
on access having width of 9 m. and above.
13.14 Even if the recreational open space is reduced to make the project
URS viable, at least 10 percent of URC plot area shall be provided as
recreational open space . In addition to this, 10 percent of URC plot area
shall be earmarked for amenity space which can be adjusted against the DP
reservation, if any, existing on such plot.
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13.15 Premium shall not be charged for exclusion of staircase and lift well
etc. as covered under the provisions of Regulation 35(2)(iv)
13.16 In order to make the Urban Renewal Scheme viable, the Municipal
Commissioner shall be competent to sanction any relaxation in marginal
open spaces except front marginal open spaces and parking requirements
wherever necessary due to bonafide hardship, for reasons to be recorded in
writing which shall not affect general health, fire and safety requirements.
However the Govt. shall have the power to relax any of the provisions in
these Regulations.
13.17 All relaxations outlined hereinabove shall be admissible only in
respect of the rehabilitation component and the composite buildings under
the URS. Premium shall not be charged for all or any of the relaxations
given hereinabove or for any other relaxations mentioned in Regulation
35(2)(iv).
13.18 The parking in the scheme shall be provided as per Regulation 36 or
at the rate of one car park per tenement of sale component, whichever is
higher.
14. The approving / sanctioning authority for the building plans under the
URS shall be the Municipal Commissioner as per the MMC Act and MRTP
Act, 1966 even if the URS partly consists/ of declared slums / slums on
Municipal / Govt. lands existing prior to 1st January 2000 or such// other
reference date notified by the Government.
15.
Religious structures existing on the site of URS prior to
redevelopment, if allowed to be redeveloped in accordance with the
guidelines issued by the Government from time to time, shall not, following
such redevelopment, have area exceeding their area prior to redevelopment.
16. Restriction on transfer of tenements shall be governed by the provisions
of Maharashtra Rent Control Act, till Co-op. Housing Society is formed and
thereafter the same shall be governed by the provision of Maharashtra Coop. Societies Act. However, tenements constructed for slum rehabilitation
shall not be transferable for a period of 10 years.
17. CORPUS FUND.-A Corpus fund shall be created by the Promoter /
Developer as directed by the High Power Committee, which will be utilised
for maintenance of the rehabilitation buildings for a period of 10 years.
18. Any ongoing scheme under Regulation 33(7) which fulfils the criteria
under this modified Regulation 33(9) can be included in the proposal under
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[
] (992014) This clause was substituted by the new regulation vide
final sanction under 37(1AA)(c) of MRTP act 1966, vide order no. TPB
4313/CR- 185/2013/UD11 dated 9/9/2014)
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APPENDIX IV
[Regulations 33 (10)]
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11) The scheme shall provide that each slum dweller/project affected person
shall be given a tenement of a carpet area of 180 sq.ft. (16.75 sq.m.)
(including toilet, but excluding common areas).
12) The maximum density should not exceed 500 tenements per net hectare on
the basis of FSI 1.00. The number of tenements per net hectare shall be
increased or decreased in proportion to the permitted FSI.
13) In any scheme of redevelopment, commercial /office area, shop area for the
project affected/slum dwellers shall not exceed the areas which existed prior
to the redevelopment of the property.
14) Convenience shopping as defined in clause (20) of sub-regulation (3) of
Regulation 2 shall be permitted along the layout roads within the scheme
area with width of 12.2 m. and above, provided a set back of 3 m. is
provided. This shopping provision would be in addition to the provision for
shop area allowed according to the previous Regulations.
15) In the case of notified slums on private lands, the Commissioner with the
consent of the owner, may invite quotations for redevelopment in terms of
surplus tenements as provided in these Regulations from developers/owners.
In such cases the owner would expect a return based on the existing balance
land potential. This potential would be the permitted F.S.I in that scheme
minus the actual FSI consumed in the slum. In the quotations given by the
owner ,developer, it would be presumed that he would have taken into
account this aspect.
Therefore, while evaluating and comparing the
quotations from the owner and other developers, necessary loading should
be done for proper evaluation of the bids. In case, however, the consent of
the owner is not forthcoming within the stipulated time in accordance with the
above conditions, such land can be developed according to the scheme after
following acquisition proceedings under the respective Act.
16) The scheme would also provide that 5 per cent of the net plot area
(excluding the area for civic amenities from the gross plot) may be used for
commercial purposes.
This would be in addition to the provisions in
Regulations 13 and 14 in this Appendix,
17) The construction of the building for the rehabilitation of slum dwellers and
the tenements to be made available to the appropriate authority shall be as
per the designs and specification approved by the Commissioner.
18) Approval to the schemes in this Appendix shall be given by a Committee
comprising of the Commissioner, the Vice-President and the Chief Executive
Officer, Maharashtra Housing and Area Development Authority and the
Additional Collector (Encroachments), Mumbai,
19) Co-operative housing societies of slum dwellers would also be entitled to
submit bids in accordance with these Regulations.
20) Multi-purpose room :- A multi-purpose room shall be allowed with size upto
12.5 sq.m. with a minimum width of 2.4 m.
21) Cooking space (alcove) :- Provision of a separate kitchen shall not be
necessary However, cooking space shall be allowed with a minimum size of
2.4 sq.m. with the minimum width of 1.2 m.
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22) Combined toilet :- A combined toilet shall be permitted for more than one
tenement with a minimum area of 1.85 sq.m. with the minimum width of one
meter.
23) Height :- The average height for a habitable room with sloping roof shall be
minimum 2.6 m with minimum height of two meters at eaves. In the case of
flat roof, minimum clear height shall be 2.6 m. for habitable rooms. Kitchen
area shall have minimum clear height/average height of 2.4 m. and bath and
water closet (without loft) shall have a clear minimum height of 2.2 m.
24) Plinth :- The minimum plinth height shall be 30 cm. and in areas subject to
flooding the plinth shall be higher than the high flood level.
25) External walls :- 115 mm, thick external brick wall without plaster shall be
permitted.
26) Staircase :- Single flight staircases without landing between the two floors
shall be permitted.
27) Front open space :- The front open space from roads having width of 9.14
m. and below shall be a minimum of 1.5 m. for buildings with heights of upto
10 m.
28) Pathways :- The width of pathways shall be as follows :(i)
1.5 m. width for pathways upto 20 m. in length.
(ii)
2.0 m. width for pathways upto 30 m. in length.
(iii). 2.5 m. width for pathways upto 40 m. in length.
(iv).3.0 m. width for pathways upto 50 m. in length.
29) Flushing Cistern :- In water closets, flushing cistern shall not be essential
and toilets without this provision may be permitted.
30) Water Closet Pan Size :- The water closet seat shall be of a minimum of
0.46 m. (18 inches) in length.
31) Septic Tank and Leaching Pits (Soak Pits) :- A septic tank shall be provided
with a capacity of 141.6 liters (five cubic feet) per capita. Where the
municipal services are likely to be available within four to five years or so,
pour flush water seal latrines (NEERI type) shall be permitted where the
municipal sewerage system is not available and the water table in the area is
not high.
32) In the case of multistoreyed structures constructed for rehabilitation of the
slum dwellers and for the tenements to be made available to the appropriate
authorities as mentioned in Regulations 2 in this Appendix, the provisions of
Regulations 23 to 29 in this Appendix shall not apply to that portion of the
construction not intended for rehabilitation and such constructions shall be
governed according to the normal provisions of these Development Control
Regulations, relaxable only in the case of reconstruction of old and
dilapidated cessed buildings in accordance with the provisions in Appendix
III of the Regulations.] (1)
---------------------------------------------------------------------------------------------------------------------[
(1)
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having a carpet area of 20.90 sq. m. ( 225 sq.ft.) (25 sq. mt.)
including balcony, bath and water closet, but excluding common areas.
1.2 Even those structures having residential areas more than 20.90 sq.m will
(28062012)
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(03032014)
(03032014)
1.11 Ownership and Terms of Lease
(28062012)
lease-.)
The part of Government/ MCGM / MHADA land on which the
rehabilitation component of the Slum Rehabilitation Scheme will be
constructed shall be leased to the Co-operative Housing Society of the
slum-dwellers on 30 years lease at the lease rent of Rs.1001 for 4000 sq.m.
of land or part thereof and renewable for a further period of 30 years. The
same conditions shall prevail for the land under the free sale component
and the land shall be leased directly to the Society/Association of the
purchasers in the free sale component and not through the society of
hutment dwellers, and pending the formation of the Society/Association of
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(28062012)
1.12 Automatic cancellation of Vacant Land Tenure - If any land or part of any
land on which slum is located is under vacant land tenure the said
tenure/lease created by Brihan Mumbai Municipal Corporation or Municipal
Commissioner shall stand automatically terminated as soon as slum
rehabilitation scheme, which is a public purpose, on such land is prepared and
submitted for approval to the Slum Rehabilitation Authority. Any arrears of
dues to be collected by Brihan Mumbai Municipal Corporation shall not be
linked lo the issue of any certificate or NOC relating to the Slum Rehabilitation
Project.
1.13 Recovery of pending dues such as assessment, compensation,
occupational charges, non-agricultural tax/dues etc. pending with public
authorities such as State Government, MHADA, and /or Municipal Corporation
shall be dealt with separately and not be linked lo grant of approval or building
permission to the slum rehabilitation projects.
1.14 A Slum Rehabilitation Project shall be considered preferably when
submitted through a proposed or registered co-operative housing society of
hutment dwellers on site. The said society shall include all the eligible
hutment dwellers on site when applied therefore, and/ or other eligible and
allotted by Slum Rehabilitation Authority, as members of the society.
1.15 Where 70 percent or more of the eligible hutment-dwellers in a slum or
pavement in a viable stretch at one place agree to join a rehabilitation scheme,
it may be considered for approval.[ Provided that nothing contained herein
shall apply to Slum Rehabilitation Projects undertaken by the State
Government or Public authority or as the case may be a Govt. company as
defined in Sec. 617 of the Companies Act 1956 and being owned and controlled
by the State Government.] (4)
1.16 In respect of those [eligible] (5) hutment-dwellers on site who do not join
the Project willingly the following steps shall be taken :(i)
Provision for all of them shall be made in the rehabilitation
component of the scheme.
(ii)
The details of the actual tenement that would be given to them
by way of allotment by drawing lots for them on the same basis
as for those who have joined the Project will be communicated
to them in writing by the Managing Committee of the Cooperative Housing Society [if it is registered or the developer,
and in case of dispute, decision of the CEO / SRA shall be final
and binding on all the parties concerned.] (6)
(iii)
The transit tenement that would be allotted to them would also
be indicated alongwilh those who have joined the Project.
(iv)
If they do not join the scheme within 15 days after the approval
has been given to the Slum Rehabilitation Project on that site,
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(v)
(vi)
(vii)
1.17
The Managing Committee of the proposed as well as registered Cooperative housing society of hutment dwellers shall have women to the
extent of one-third of the total strength and actual members on the
committee at any time.
1.18
Restriction on Transfer of Tenements; The tenement obtained under
this scheme cannot be sold/leased/assigned or transferred in any manner
for a period of ten years from the date of allotment/possession of the
tenement. In case of breach of conditions, except transfer to legal heir, the
tenement will be taken over by Slum Rehabilitation Authority.
2.2 The approval to the Project shall be given by the Slum Rehabilitation
Authority within a period of 30 days from the date of submission of all
relevant documents. In the event of a failure by Slum Rehabilitation
Authority to do so, the said approval shall be deemed to have been given,
provided the Project is in accordance with the provisions in this Appendix.
2.3 The Slum Rehabilitation Authority while giving the approval may lay down
terms and conditions as may be necessary.
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2.4 The Slum Rehabilitation Authority shall adopt the procedure laid down in
the Maharashtra Regional and Town Planning Act, 1966 for giving building
permission to any Slum Rehabilitation Project under this Scheme.
2.5 On compliance with the terms and conditions, the building permission shall
be given, in accordance with the provisions under section 45 of the
Maharashtra Regional and Town Planning Act, 1966 to the Project under the
Slum Rehabilitation Scheme, first to the Rehabilitation component and
thereafter to the Freesale component subject to the provisions in clause
below.
2.6 Correlation between Rehabilitation and freesale components : Building
permission, for 10 percent of built up areas of both the rehab and freesale
components may be given simultaneously and thereafter proportionately or
as may be decided by the Chief Executive Officer, Slum Rehabilitation
Authority.
2.7 Where there is no builder-developer but the Project is implemented directly
by an NGO of established reputation, Chief Executive Officer, Slum
Rehabilitation Authority may sanction 20 percent of the freesale component
right in the beginning without waiting for any expenditure on the
rehabilitation component, but the approval for remaining part of freesale
component will be given only after at least 30 percent of rehabilitation
component is completed on site.
2.8 As soon as the approval is given to the Project, the no objection certificate,
for building permission, of the landowning authority shall be given in
respect of that slum located on lands belonging to any department,
undertaking, agency of the State Government including MHADA, or any
local self-Government such as the Municipal Corporation within 30 days
after the intimation of such approval lo the Project is communicated. In the
event of its not being given within the period, it shall be deemed to have
been given.
2.9 Occupation certificate shall not be held up only for want of lease
documents to be executed, in all slum rehabilitation projects taken up on
lands belonging to any department, undertaking, agency of the State
Government, including MHADA, and any local self-Government such as the
Municipal Corporation.
3. REHABILITATION AND FREESALE COMPONENT 3.1 FSI for rehabilitation of eligible slum/pavement-dwellers includes the FSI
for the rehab component and for the freesale component. The ratio between
the two components shall be as laid down hereinbelow.
3.2 Built-up area for rehabilitation component shall mean total construction
area of rehabilitation component, excluding what is set down in 35 (2) of D. C.
Regulations, 1991 but including areas under passages, balwadis, welfare
centres, society office, religious structures,[ other social infrastructure like
(7)
School, Dispensary, Gymnasium rub by Public authority or Charitable trust] ,
5 percent incentive commercial areas for the Co-operative society, and the
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further 5 percent incentive commercial area for the NGO ,[GOVT. / Public
Authority / Govt. Company ] (8) wherever eligible.
3.3 In Island City, if rehab component is 10 sq. metres of built-up area, then
an additional 7.5 sq. metres built-up area will be permitted so that this
additional 7.5 sq. metres can be utilised for disposal in the open market
and the rehab component subsidized.
3.4 In suburbs and extended suburbs, if rehab component is 10 sq. metres of
built-up area, then an additional 10 sq. metre of built-up area will be
permitted so that this additional 10 sq. metres can be utilised for disposal
in the open market and the rehab component subsidized.
3.5 In difficult areas which shall comprise of Dharavi now and such other areas
as may be notified by the Slum Rehabilitation Authority hereafter, if the
rehab component is 10 sq. metres of built-up area, then an additional 13.33
sq. metres of built-up area will be permitted and this area of additional
13.33 sq. metres can be utilised for disposal in the open market and the
rehab component subsidised.
3.6 Provision in 3.3 to 3.5 hereinabove shall also apply to the sites where the
Slum Rehabilitation Project of eligible pavement dwellers will be
implemented.
3.7 FSI to be sanctioned on a Slum Rehabilitation Project on a site may
exceed 2.5. (3.00)
(28062012)
3.8 Maximum FSI Permissible for Consumption on the Plot : Even though the
(28062012)
(28062012)
(28062012)
(3.00)
if any, will be made available in the form of Transferable
Development Right (TDR) in accordance with the provisions of Appendix
Vll-B. The computation of FSI shall be done for both rehab and freesale
components in the normal manner, that is giving the benefit of what is set
down in DC Regulations No. 35(2). While the areas referred in subregulations No. 6.10 and 8.2 of this Appendix shall not be included for
computation of FSI the said areas shall be included for computation of the
rehab component of 10 sq- mt in sub-Regulations 3.3 to 3.5 hereinabove.
[Provided that if the existing tenement density is more than 650 per
hectare, Govt. in Urban Development Department may allow FSI
consumption in situ to be exceeded upto the sanctioned FSI but not
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FSI cannot be used on the same site, TDR may be allowed as may be
necessary even without consuming FSI upto 2.5 on the same site. However,
TDR may be allowed only when the frame work for one complete building in
rehab component is constructed or when 10% of the rehab component has
been constructed on site and the said TDR will not exceed 50 percent of the
construction of rehab component at any point of time till the total rehab
component has been completed. On completion of the total rehab
component balance TDR will be allowed.
3.10
The rehabilitation component shall mean all residential tenements as
well as non-residential built-up premises given free of cost in accordance
with the provisions of the Slum Rehabilitation scheme outlined in this
Appendix excluding what is set down in D.C. Regulation 35(2) and
excluding built-up area given for buildable Development Plan reservations.
3.11
If rehabilitation project of a slum located on land belonging to public
authority and needed for a vital public purpose, is taken up on an
unencumbered plot in addition to the rehabilitation and freesale
components as laid down hereinabove, TDR for the area of the land spared
for this purpose shall also be sanctioned for the owner of the said
unencumbered plot.[ Provided that the State Govt. or Public authority or a
Govt. Company as defined in Sec. 617 of the Companies Act 1956 and
owned and controlled by the State Govt. (herein after referred as the
Agency) may undertake Slum Rehabilitation Project on its own land and be
eligible for the benefits under this Regulation subject to following
conditions :
1) The Rehabilitation Project is approved by the Slum Rehabilitation
Authority.
2) The tenements so constructed in execution of the Project are offered to
slum dwellers located on land belonging to Govt. or Public Authority and
needed for vital public purpose and within 270 days from the date of issue
of LOI the Agency shall identify the slum dwellers.
3) If the Agency fails to identify the slum dwellers needed to be shifted for a
vital public purpose, as above, then the tenements so constructed shall be
offered.
a) to the slum dwellers located on land belonging to Government or Public
Authority within a distance of 2 km. from the land on which the Project is
undertaken, or
b) to the slum dwellers located anywhere in Greater Mumbai on lands
belonging to Govt. or Public Authority, or
c) to the slum dwellers located on private lands if the land owner pays the
entire cost of tenements as determined by the Agency.
Provided further that in all the three categories of (a), (b) & (c) referred above
slum TDR of land component shall not be given and the construction TDR
shall be released only after identification of eligible slum dwellers.
4) Further provided that in all above cases the relocation of slum dwellers in
any case will be undertaken not with reference to individuals but reference
to assembly of slum dwellers for the purpose of releasing the plot of land
wholly from slums and not only the patches of land.] (10)
[Provided that notwithstanding anything mentioned above, project affected persons
under Mumbai Urban Transport Project (MUTP) being resettled as per the provisions
contained in Government Resolution, Housing and Special Assistance Department, by
order no. 700/CR 31/ slum-2 dated 12/12/2000 and certified by the Project Director,
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MUTP will also be eligible for redevelopment scheme under 33(10) of the Development
Control Regulations for Greater Mumbai, as amended from time to time.] (21042011)
3.12
Minimum Density On The Plot Including Non-Residential Units : The
minimum density of rehabilitation component on plot shall be 500
tenements per net hectare, that is, after deducting all reservations actually
implemented on site including the land appurtenant thereto, but not
deducting the recreational/amenity open space on the remaining area. If the
number of tenements to be provided to the hutment dwellers is less than
the minimum, the balance shall be handed over free of cost to the Slum
Rehabilitation Authority. The Authority shall use them for the purpose of
transit or Project-affected persons or pavement-dwellers or slum dwellers
from other slums.
[Provided if slum rehabilitation scheme is undertaken by a Federation, CoOp. Housing society consisting of members who are serving or retired
State
Govt.
Employees/Employees
of
the
State
Govt.
Undertakings/Employees of local bodies of State Government for providing
housing to its members , such tenements which are generated over and
above the tenements to be provided to the existing eligible hutment
dwellers, shall be handed over back to the said Federation/Co.-operative
Housing Society for providing housing to its above mentioned members
and subject to further additional terms and conditions as would be
imposed by the Chief Executive Officer , Slum Rehabilitation Authority to
ensure adequate membership of class III and class IV employees.] (3)
3.13
All non-residential built-up areas shall be included in the computation
of minimum density but on the scale of 20.90 sq. mt. of carpet area being
one tenement. In slums where the existing tenement density is already
more than 500 per hectare, the calculation of FSI for all purposes shall be
on gross area, that is, without deducting any percentage for
recreational/amenity open space. This shall not affect the requirement of
physical keeping aside the said recreational/ amenity open space on site,
subject to the provisions in this Appendix in that regard.
3.14
Amalgamation/Subdivision Of Plots and Balancing Of FSI Thereon : Any
land declared as slum rehabilitation area or on which slum rehabilitation
project has been sanctioned , if it is spread on part or parts of C.S. Nos. or
CTS Nos. or S. Nos shall be treated as natural amalgamation/ subdivision/s
of that C.S. or CTS or S. No. or F.P. No. for which no separate approval for
amalgamation/subdivision of land would be necessary.
3.15
Boundaries and the measurement of plot areas of the Slum
Rehabilitation Area shall be declared by the competent authority after
actual measurement of plot area on site and the same shall be adopted for
planning purpose for calculation of density and floor space index.
3.16
The Chief Executive Officer, Slum Rehabilitation Authority may if
required, adjust the boundary of the plot declared as slum rehabilitation
area so as to suit the building design and provide proper access to the
Project.
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3.17
After approval is given to the Slum Rehabilitation Project, the area may
be further subdivided if necessary to earmark separate plots for the rehab
component and the freesale component. The Plot area and the built-up area
in terms of square metres on the said plot shall be separately mentioned in
the lease agreements and Record of Rights.
3.18
The Settlement Commissioner, Maharashtra State on payment of such
fees as may be decided by the Government ensure that the City Survey
sheet and property cards are corrected accordingly and fresh property
cards are opened for each of the plots giving details regarding the area of
the plots and the total area of the floors of the built-up property and TDR
given that is, the FSI used on that plot.
3.19
Declaration of Additional Areas as Difficult Category : The Slum
Rehabilitation Authority may consider declaring additional areas as
difficult and publish it in the Maharashtra Government Gazette, provided
the following criterion/criteria are fulfilled :(i)
Overcrowding, High density, and Unhygienic conditions, or
(ii)
To vacate land required for implementation of reservations for essential
public purposes, or
(iii)
Required for rehabilitation to avoid loss of human life :
Provided for difficult areas to be declared on account of overcrowding, high
density and unhygienic conditions, the area required shall not be less than
40 hectares in one contiguous area fulfilling the conditions mentioned in (i)
above.
4 TEMPORARY TRANSIT CAMPS
4.1 The temporary transit camp shall be provided on or close to the site itself,
and if need be on the area of statutory open space to be left in accordance
with D.C Regulation No. 23 on the plot.
4.2
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(a)
(b)
6.
6.1
6.2
6.3
6.4
6.5
6.6
6.7
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6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.10
Areas of common passages not
exceeding 2.0 mt. in width provided in
rehabilitation component to give access shall
not be counted towards FSI even while
computing 2.5 FSI on site.
6.11 Front and marginal open spaces:
building having height upto 24 mt. in
rehab component or composite building,
front and marginal open space shall be
mt. for these buildings.
For
the
the
1.5
6.14
The distance between any two
rehab/composite buildings shall not be less
than 3 mt.
Deleted.
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6.17
6.18
6.19
6.20
6.21
6.22
Length
Width
Upto 20 mt.
1.5 mt.
Upto 30 mt.
2.0 mt.
Upto 40 mt.
2.5 mt.
Upto 50 mt.
3.0 mt.
Between
the
dimensions
prescribed for the pathway and
marginal distances, the larger of
the two shall prevail.
The
pathway shall act as access
wherever
necessary.
The
building shall be permitted to
touch pathways.
The means of access shall be
normally
governed
by
the
provisions of D.C.Regulation No.
22.
However, in the project,
wherever the design of the
buildings in the same land
requires relaxation, it may be
given. Access through existing
pathways including the roads
maintained under section 63K of
the
Mumbai
Municipal
Corporation Act, 1888 but not
less than 3.6 mt. in width, shall
be considered adequate for any
slum
rehabilitation
project,
containing
buildings
having
height upto 25 mt., including
stilts. High rise building shall be
permitted even with an access of
6.0 mt. width, which is adequate
for passage of a fire tender.
Only because of use of stilt in the
rehabilitation building, if the
height increased beyond 24 mt.,
it shall not be considered high
rise building for the purpose of
Fire Prevention regulations.
Even if the amenity space is
Length
Width
Upto 20 mt.
1.5 mt.
Upto 30 mt.
2.0 mt.
Upto 40 mt.
2.5 mt.
Upto 50 mt.
3.0 mt.
6.18 Between the dimensions prescribed for
the pathway and marginal distances, the
larger of the two shall prevail. The pathway
shall act as access wherever necessary.
The building shall be permitted to touch
pathways.
Deleted
6.20
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6.23
6.24
6.25
6.26
6.23
Relaxations for the free sale
component Relaxation contained in subregulation No. 6.12, 6.13, 6.18, 6.19, 6.20
above, as well as other necessary relaxation
shall be given to the free sale components,
on payment of 10% of the normal premium,
both in the Island City, and also in the
suburbs and extended suburbs.
6.24
In order to make the Slum
Rehabilitation Scheme viable, the Chief
Executive Officer of Slum Rehabilitation
Authority shall be competent to make any
relaxation wherever necessary for reasons to
be recorded in writing.
Note - Provisions contained in Clause 6.1 to 6.26 of" the notice published by Urban
Development Department under its No. DCR-1095/1209/CR-273/95/UD-11, sanctioned
vide even no. dated 15 th October 2003.
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7.5 For other buildable reservations on lands under slum where guidelines approved by
Government under section 31 of the Maharashtra Regional and Town Planning Act
are not available, built-up area equal to not more than 15 per cent area of the entire
plot or 25 percent of the area under that reservation in that plot, whichever is less,
shall be demanded free of cost by the Slum Rehabilitation Authority for the
Municipal Corporation or for any other appropriate Authority.
7.6 Where DP road passes through slum rehabilitation area, the entire 100 per cent FSI
of the road may be given in the same site, on the remainder of the plot.
7.7 Wherever slum and municipal / MHADA property are found together or adjoining, it
would be eligible for redevelopment using provisions of both DCR - 33(7) and of DCR
33(10). Development of slum and contiguous non-slum area under any other
provisions may be allowed together in order to promote flexibility of design as well
as to raise more resources, provided the FSI on non-slum quantum of area shall be
restricted to that permissible in the surrounding zone. Such a project shall be
deemed to be a Slum Rehabilitation Project. The power under D.C. Regulations 11(4)
for shifting and/or interchanging the purpose of designations/reservations shall be
exercised by the Chief Executive Officer, Slum Rehabilitation Authority in respect of
slum rehabilitation areas / projects.
7.7
[ Wherever
7.8 In case of two or more number of slums taken up for development by same
owner/developer/ NGO/Co-operative Society of the Slum dwellers, both Rehab and
Free Sale Components of the said slums can be combined and located in any
proportion in those plots provided in any plot, the FSI does not exceed 2.5 subject to
the condition that the said slums have the same ratio of Rehab component to Free
Sale Component as laid down in the Clause 3.3 to 3.5 of this Appendix.
7.9 Slum Rehabilitation Permissible on Town Planning Scheme Plots : Slum
Rehabilitation Project can be taken up on Town Planning Scheme plots also, after
they are declared as slums/ slum rehabilitation areas. Wherever Town Planning
Scheme Regulations so provide, there shall be no insistence on 15 per cent
recreational/amenity open space for FSI deduction.
7.10
Contravening structures in the adjoining final plots, if declared as a slum
rehabilitation area by the competent authority, may be included in the Slum
Rehabilitation Scheme in the relevant Final Plot of the Town Planning Scheme.
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7.11
In case of a slum rehabilitation project adjoining railway tracks, a boundary
wall of minimum 2.4 metres in height shall be constructed.
8. WELFARE HALL, BALWADI, SOCIETY OFFICE AND RELIGIOUS STRUCTURE:
8.1 There shall be a welfare hall in each Project as part of the rehabilitation component. It
shall be at the rate of 20.90 sq.m. for every multiple or part of 100 hutment dwellers
families, but located so as to serve all the floors and buildings equitably. In case of
misuse, it shall be taken over by the Slum Rehabilitation Authority which will be
competent to allot the same to some other organization /institution for public use.
Balwadi shall also be provided for in a similar scale. An office for the Co-operative
housing society shall be also constructed in accordance will D.C. Regulations No.
38(11). [ However, if the number of rehab tenements exceeds 100 then for every
(12)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 321
completion of construction. This amount shall be used for Schemes to be prepared for
the improvement of infrastructure in slum or slum rehabilitation areas.
[Provided that out of Rs. 560/- per Sq. mt. Infrastructural charges, 90% amount
(17)
will go to BMC & 10% amount will remain with SRA.]
of Rs. 20,000 per tenement and Rs. 840 per sq.mt. for the required built-up
area] (18) [ [the payment as specified in clause 9] (19) are complied with, and
subject to such other conditions as may be imposed by the Chief Executive Officer.
10.1(A) In the case of any Slum Redevelopment Scheme in progress and any Slum
Redevelopment Scheme where LOI has been issued, envisaging construction of
rehabilitation tenements having individual carpet area of 20.90 sq, mtrs., if full
occupation permission has not been granted and if it is structurally feasible, to
provide rehabilitation tenements having individual carpet area of 25 sq mtrs, without
having to completely pull down and reconstruct the ongoing rehabilitation building(s),
the Owner/Developer/ Co.Op. Housing Society of Hutment or Pavement dwellers/NonGovt.Organization/Public Authority executing such scheme may, at its option and with
the approval of the Govt.,convert such scheme in accordance with the provisions of
Regulation 33(10), as modified vide Notification No. TPB.4312/CR-3/2012/(Camp)/UD11 dated 28th June, 2012, only with regard to the size of tenement and loading of FSI
(21062014)
in-situ.
{10.2 Not withstanding anything contained in 10.1 above, for a period of one year
from the date of coming into force of these Regulations, there shall be an
option to the Owners/Developers/ Co-op. Societies of hutment dwellers/NGOs
to seek modification in their Slum Redevelopment Schemes, already approved
by the Committee appointed under Clause 18 of Appendix IV to the DCR 1991,
for Greater Mumbai, within a total sanction of 2.5 FSI which CEO, SRA may
approve subject to the condition that an amount of Rs. 840 per sq.mt. shall be
paid by the Owner/ Developer/ NGO/ Society for the built up area additionally
granted while enhancing the FSI and further subject to any other additional
(20)
terms and conditions as may be imposed by the CEO, SRA. }
]
(2 )
(2 )
]
This new Appendix was added by Govt. notification vide number
DCR/1095/1209/CR 273/95/UD 11 dated 15 th October 1997.
( 3)
(4)
[
]
This clause was added Vide govt. notification no. DCR/1095/1209/CR
273/95/UD 11 dated 30 th November 2002.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 322
(5)
[
]
This clause was added Vide govt. notification no. DCR/1095/1209/CR
273/95/UD 11 dated 30 th November 2002.
(6)
(03032014)
(
)
This regulation (clause nos 1.5,1.9 and 1.10) was amended vide
Govt Final sanction under section 37(1)(AA)(C) of MRTP act, 1966 vide order no.
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[ Appendix IV-(A)
1.
DWELLERS:
1.1
1.2
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1.4
1.5
1.6
1.7
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1.8
Hutments having a physically handicapped person or femaleheaded households shall be given first preference in allotment
of tenements to the other hutment-dwellers. Thereafter lots
shall be drawn for allotment of tenements from the remaining
tenements to the other hutment-dwellers.
1.9
1.10
1.13
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i)
ii)
iii)
iv)
v)
vi)
1.15
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2.
2.1
2.2
2.3
2.4
2.5
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2.7
2.8
3.
3.1
3.2
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3.5
3.6
3.7
3.8
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3.10 The OSD, DRP(SRA) may if required, adjust the boundary of the
plot declared as DRP Area so as to suit the building design and
provide proper access to the Project / any other plot/s located
within Sector/s.
3.11 After approval is given to the DRP, the area may be further
subdivided if necessary to earmark separate plots for the rehab
component, amenity plot and the freesale component. The Plot
area and the built up area in terms of square meters on the said
plot shall be separately mentioned in the lease agreements and
Record of Rights.
3.12
4.
4.1
4.2
4.3
4.4
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4.5
4.6
4.7
5.
5.1
5.2
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5.3
Carpet Area
At free of
cost, as a
part
of
Rehab
component
225 to 250
225
251 to 1000
225
1001
to
225
1500
1501 and
225
above
Existing
Carpet Area
in the range
of
(in Sq.ft.)
Nil
Nil
1001
1500
1001
1500
to
Nil
Nil
Nil
to 1501
above
and
Existing
Carpet Area
in the range
of
(in Sq.ft.)
Carpet Area
At free of
cost, as a
part
of
Rehab
component
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225 to 250
251 to 1000
1001
to
1500
1501 and
above
225
225
225
Nil
251 to 1000
251 to 1000
225
251 to 1000
Nil
Nil
1001
1500
1001
1500
to
Nil
Nil
Nil
to 1501
above
and
5.5
5.6
Non
Residential
User
in
Freesale
Component:
Non Residential User as permissible in R-2, C-1 and C-2 zones
as per DCR-52, 53 & 54 shall be allowed in Free Sale
Components.
6.
6.1
6.2
6.3
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6.4
6.5
6.6
6.7
6.8
6.9
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6.14 Where the location of the plot abuts a nallah, the marginal open
space along the nallah shall not be insisted upon beyond 3 mt.
from the edge of the trained nallah.
6.15 The distance between any two rehab / composite buildings shall
not be less than 12 mt.
6.16 A composite building shall contain at least 40 percent of the
built up area as rehabilitation components.
6.17 Wherever more than the minimum front and marginal spaces
have been provided, such additional area provided may be
considered as part of the amenity open space in the project
comprising both rehabilitation and free sale components, and
without charging any premium in relaxation of the stipulations
in DCR No. 23, wherever necessary.
6.18 The pathway shall act as access wherever necessary.
building shall be permitted to touch pathways.
The
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 336
7.1
7.2
(i)
(a)
Lands in residential (R-1 & R-2) and commercial (C-1 &
C-2) zones occupied by existing slums / structures under
renewal be allowed to be developed in accordance with the
provisions contained in this Appendix.
(b)
Lands in industrial zones (I-2 & I-3) / Industrial estate
may be allowed to be converted into residential users in
accordance with clause (c) and onwards of sub-regulation (3) of
regulation 56 & regulation 57 of the DCR 1991 amended from
time to time as the case may be. Such lands occupied by
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Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 338
handed over free of cost & charge to the DRP / SRA or the
concerned Govt. authority. The built up area of such amenity
shall be excluded for the purpose of FSI. Thereafter the full
permissible FSI of the plot according to this appendix shall be
allowed to be included in the project plot area to be considered
for FSI purpose.
7.4 (b)
For other buildable reservations on lands under slum
which are not covered under clause no. 7.4(a) above, built up
area equal to 25 percent of the area under that reservation in
that plot shall be demanded free of cost by the Slum
Rehabilitation Authority for Municipal Corporation or any other
appropriate Authority. The built up area of such amenity shall
be excluded for the purpose of FSI computation. Thereafter the
development for Dharavi Redevelopment Project be allowed as
per the full permissible FSI of the entire plot according to
regulation 33(10)(A) read with this appendix and subject to
provisions in clause No. 7.1
7.5
7.6
7.7
7.8
7.9
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8.
SOCIETY
OFFICE
AND
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9.
9.1
9.2
9.3
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under Section 37(2) of the Maharashtra Regional and Town Planning Act.
1966, vide, Notification No. TPB 4310/1631/CR-139/2010/UD-11 Dated 25 January
2012.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 342
[ANNEXTURE A] ](25012012)
Additional amenities and facilities to be provided under DRPto be read
with clause 7.1 of Appendix IV (A) to Regulation no. 33 (10) (A)]
Sr.
No.
Description
of the
Amenity
Buildable
Amenities
for
which
Sale
Incentive
is
available.
1
Primary
Schools
2
Secondary
Schools
3
Dispensary
&
Maternity
Homes
/
Polyclinics
4
Welfare
Centres +
Gysm
+
Communit
y Hall
5
Library
6
7
8
9
10
Fire
Station
Post Office
Police
Station
Retail
Market
Police
Chowky
Lege
nds
( PP )
( SS )
( D, MH,
POLY)
Uni
ts
Sq.
mtr.
Sq.
mtr.
Sq.
mtr.
( WC,
GYM,
CH )
Sq.
mtr.
( LIB )
Sq.
mtr.
Sq.
mtr.
Sq.
mtr.
Sq.
mtr.
Sq.
mtr.
Sq.
mtr.
( FB )
( PO )
( PS )
( RM )
(PCKY)
Sector
II
Sector
III
Sector
IV
Sector
V
Total I
to V
9066.97
16433.89
13600.46
12467.09
5100.17
56668.58
6066.97
16433.89
12650.55
11517.18
10000.00
(with 2
colleges)
56668.58
6272.00
11368.00
9408.00
8624.00
3528.00
39200.00
200.00
200.00
200.00
200.00
200.00
1000.00
200.00
200.00
200.00
200.00
200.00
1000.00
0.00
0.00
0.00
3990.00
0.00
3990.00
665.00
0.00
0.00
665.00
0.00
1330.00
1995.00
1995.00
0.00
0.00
0.00
3990.00
2511.04
4551.26
3766.56
3452.68
1412.46
15694.00
140.00
140.00
140.00
140.00
140.00
700.00
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11
Potters
Institute
(common
work
space)
Total
Sq.
mtr.
0.00
2230.00
0.00
0.00
0.00
2230.00
27116.99
53552.04
39965.57
41255.95
20580.64
182471.17
( BBS
)
(BRS
T)
Ha
0.00
0.00
0.06
0.00
0.00
0.06
Ha
0.00
1.30
0.00
0.00
0.00
1.30
( PS )
Ha
0.00
0.00
0.37
0.00
0.00
0.37
( NID
ITI )
Ha
0.00
0.30
0.00
0.00
0.00
0.30
0.00
1.60
0.43
0.00
0.00
2.03
Ha
Ha
0.00
1.58
0.00
0.00
0.00
1.58
0.00
1.58
1.84
1.58
1.84
6.32
Ha
0.77
1.39
1.15
1.06
0.43
4.81
Ha
0.40
0.73
0.60
0.55
0.23
2.50
Total
Total Land Area
of Un-Buildable
Amenities
16 Parking Lot ( PL )
17 Recreation ( RG )
al
Open
Public
Spaces
(can
be
mixed user
/ part of
layout)
18 Layout RG ( LAY
that would RG
be
)
provided in
sale
and
rehab
areas to be
multi used
19 PG
( PG )
attached to
schools
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20
(mixed use
/ part of
layout)
Mahim RG ( RG )
(Rajiv
Gandhi
Nagar)
Ha
0.00
0.00
0.00
0.00
3.20
3.2
Potters
Ha
0.00
0.22
0.00
0.00
0.00
0.22
Institute
(common
open
space)
22 Land to be (TAT
Ha
0.00
0.40
0.00
0.00
0.00
0.40
given
to
A)
TATA
Power
Electric Co.
Total
2.75
2.74
3.33
3.19
7.28
19.29
Not i) All the additional amenities and facilities to be provided within Dharavi
es
Notified Area are deemed to be treated as DP Proposals.
ii) All proposed Roads having width of 12 mt. & above are deemed to be treated
as DP Proposals.
iii) The Slum Rehabilitation Authority may add, alter or amend category and
quantum of additional amenities and facilities to be provided within Dharavi
Notified Area with the approval of State Government.
21
Note:A)All words and expressions used in these Regulations and not defined herein shall
have meanings assigned to them under the Maharashtra Regional and Town
Planning Act, 1966 or the Maharashtra Slum Area (Improvement, Clearance &
Redevelopment) Act, 1971, or the National Building Code, or the Building
Regulations and Bye-Laws or the Development Control Regulations of the Municipal
Corporation of Greater Mumbai, as amended from time to time.
B)The provisions of the Development Control Rules for Greater Mumbai, 1991 and
all other applicable sections of the Maharashtra Regional and Town Planning Act,
1966, shall apply mutatis mutandis to the development of land with the modification
that the expressions " Municipal Corporation of Greater Mumbai" and "Municipal
Commissioner" shall be substituted by the expressions "Slum Rehabilitation
Authority" and "Officer on Special Duty, DRP (SRA) respectively.
C)Nothing contained herein shall derogate from any right or power exercisable by
the Municipal Corporation of Greater Mumbai under the provisions of the Bombay
Municipal Corporation Act, 1888, and the rules, regulations and bye-laws made
there under. Any development of land shall be carried out without prejudice to such
provisions] (25012012)
---------------------------------------------------------------------------------------------------------------------
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under Section 37(2) of the Maharashtra Regional and Town Planning Act.
1966, vide, Notification No. TPB 4310/1631/CR-139/2010/UD-11 Dated 25 January
2012.
APPENDIX V
(Regulations 33 (11)
Regulations for sites and services and for small size tenements for the
Housing Schemes under the Urban Land (Ceiling and Regulations) Act, 1976
approved by Government from time to time.
1. F. S. I.:- The FSI shall be the same as is permissible under these Regulations
which shall prevail over the corresponding provisions of Rules/Regulations in force
as amended from time to time.
2.Density :- Density upto 450
acre) shall be permitted on 70
4,000 sq. m. on which the sites
Government orders. For land
apply.
3.Minimum Plot size :- (a) A serviced site shall be 25 sq. m. and shall have plinth
of adequate height for W. C. and bathroom. The size of the plinth for W.C. shall be
1.2 m. x 0.9 m. (4'x3').
(b) In the case of a dwelling unit as a core house, in addition to the services
mentioned in (a) the said unit shall have plinth with adequate height, the total area
of which shall not exceed 21 sq. m. in a plot with an area of 25 sq. m. Further, in
the case of a core house on a plot of 25 sq. m. a room of a minimum size of 5.57
sq.m. with a toilet arrangement in the first phase shall be permitted. In the second
phase, one room of 9.30 sq.m. may be allowed to be added. However, the
occupation certificate shall be granted initially to the first phase only and subsequent certificates for second phase issued as and when required.
4.Multi-purpose rooms :- A multipurpose room shall be allowed with a minimum
size of 12.5 sq. m. and with a minimum width of 2.4 mt.
5.Cooking space (Alcove) :- Provision of separate kitchen shall not be necessary.
However a separate cooking space shall be allowed with a minimum size of 2.4 sq.
m. with minimum width of 1.2 m.
6.Combined Toilet.- A combined toilet shall be permitted for more than one
tenement upto five tenements with a minimum area of 1.85 sq. m. with a minimum
width of one meter.
7.Height.- The average height for a habitable room with sloping roof shall be 2.6 m.
with a minimum height of 2 m. at the eaves. In case of a flat roof, the minimum clear
height shall be 2.6 m. for a habitable room. Kitchen shall have minimum height of
2.4 m., and bath and W. C. (without loft) shall have a clear minimum height of 2.2 m.
8.Plinth.-The minimum plinth height shall be 30 cm. but in any case above high
flood level.
9.External Walls.-115 mm. for external brick wall without plaster shall be permitted.
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10. Front open space.-The front open space from the roads having width of 9.14 m.
and below shall be of a minimum of 1.5 m.
11.Open spaces (side and rear).-The distance between two ground floor structures
shall be of a minimum of 4.5 m. for purposes of light and ventilation of habitable
rooms. In the case of toilets, deriving light and ventilation from an open space, the
distance between the two ground floor structures shall be of a minimum 1.5 m.
12.Pathways.-The width shall be as follows:-(i)
2.5m. width for pathways upto 40m. in length.
(ii)
3.0 m. width for pathway upto 50 m. in length.
13.Water Closet Pan Size.- The water closet pan size shall be of a minimum of
0.46m. (18 inches) in length.
14.Flashing Cistern.-In water closets, a flushing cistern shall not be essential and
toilets without this provision may be permitted.
15. Septic Tank and Leaching Pits(soak pits).-A septic tank shall be provided with
capacity of 141.6 litres (five cubic feet) per capita where municipal services are
likely to be available within 4 to 5 years or so. Pour flash water seal latrines(NEERI
type) shall be permitted where the municipal sewerage system is not available and
the water table in the area is not high.
16.Convenience shopping - Convenience shopping as defined
in these
Regulations shall be permitted along layout roads with width of 12.2 m. to 18.49m.
provided that a minimum setback of 1.5 m. and a minimum plot area of 25.2 sq.m.
are available and provided.
17.Recreation ground- In the layouts of housing schemes under this category,
provision for recreation ground shall be as normally required by these Regulations .
18.Ancillary structures- Ancillary structures such as underground tank overhead
tank sub-station etc. shall be permissible in the compulsory recreation space subject
to the condition that not more than 10 per cent of such recreation space shall be
allowed to be utilised for such purposes.
APPENDIX VI
[Regulations 33(12)]
Regulations for the schemes undertaken by the Maharashtra Housing and Area
Development Authority exclusively with the World Bank Assistance
(1)
(2)
(b)
(c)
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a case an open space of minimum width of 4 m. shall be provided. In both the above
cases the maximum length of the access pathway should not exceed 50m.
(3)
Floor Space Index.-(a) Floor space index shall be allowed to be increased by upto
20 per cent over and above the normally permissible floor space index, if 60 per cent
of the total number of plots have an area of less than 40 sq.m. which are to be used
for lower income shelter.
(b) For the purpose of calculating the Floor space index, the entire net plot area of a layout
shall be considered and the under-utilised floor space index on pots less than 40 sq.m.
in area (used for low income shelters) shall be allowed to be uitilised on remaining plots
in the scheme.
[APPENDIX VII A]**
(Regulations 34)
Regulations for the grant of Transferable Development Rights (TDRs) to owners/developers
and conditions for grant of such Rights
1.
2.
3.
4.
5.
The owner (or lessee) of a plot of land which is reserved for a public purpose in the
development plan and for additional amenities deemed to be reservations provided in
accordance with these Regulations, excepting in the case of an existing or retention user
or any required compulsory or recreational open space, shall be eligible for the award of
Transferable Development Rights (TDRs) in the form of Floor Space Index (FSI) to the
extent and on the conditions set out below. Such award will entitle the owner of the land
to FSI in the form of Development Rights Certificate (DRC) which he may use himself or
transfer to any other person.
Subject to the Regulations I above, where a plot of land is reserved for any purpose
specified in section 22 of Maharashtra Regional and Town Planning Act, 1966, the owner
will be eligible for Development Rights (DR's) to the extent stipulated in Regulations 5
and 6 in this Appendix had the land been not so reserved, after the said land is
surrendered free of cost as stipulated in Regulations 5 in this Appendix, and after
completion of the development or construction as in Regulation in this Appendix if he
undertakes the same.
Development Rights (DRs) will be granted to an owner or a lessee only for reserved
lands which are retainable/non-retainable under the Urban Land (Ceiling and
Regulations) Act, 1976, and in respect of all other reserved lands to which the provisions
of the aforesaid Act do not apply, and on production of a certificate to this effect from
the Competent Authority under that Act before a Development Right is granted. In the
case of non-retainable lands, the grant of Development Rights shall be to such extent
and subject to such conditions as Government may specify. Development Rights (DRs)
are available only in cases where development of a reservation has not been
implemented i.e.
TDRs will be available only for prospective development of
reservations.
Development Rights Certificates (DRCs) will be issued by the Commissioner himself.
They will state, in figures and in words, the FSI credit in square meters of the built-up
area to which the owner or lessee of the said reserved plot is entitled, the place and
user zone in which the DRs are earned and the areas in which such credit may be
uitilised.
The built-up area for the purpose of FSI credit in the form of a DRC shall be equal to
the gross area of the reserved plot to be surrendered and will proportionately increase or
decrease according to the permissible FSI of the zone where from the TDR has
originated.
When an owner or lessee also develops or constructs the amenity on the surrendered
plot at his cost subject to such stipulations as may be prescribed by the Commissioner
or the appropriate authority, as the case may be and to their satisfaction and hands over
the said developed/constructed amenity to the Commissioner /appropriate authority, free
of cost, he may be granted by the Commissioner a further DR in the form of FSI
equivalent to the area of the construction/development done by him, utilisation of which
etc. will be subject to the Regulations contained in this Appendix.
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7.
A DRC will be issued only on the satisfactory compliance with the conditions prescribed
in this Appendix.
8. If a holder of a DRC intends to transfer it to any other person, he will submit the DRC to
the Commissioner with an appropriate application for an endorsement of the new
holder's name, i.e. transferree on the said Certificate. Without such an endorsement by
the Commissioner himself, the transfer shall not be valid and the Certificate will be
available for use only by the earlier original holder.
9. A holder of a DRC who desires to use the FSI credit certified therein on a particular plot
of land shall attach to his application for development permission valid DRCs to the
extent required.
10. Irrespective of the location of the land in which they originate, DRCs shall not be used in
the Island City. They may be used(a) on any plot in the same ward as that in which they have originated (neither ward
being in the Island city), or
(b) on any plot lying to the north (wholly or partially) of the plot in which they have
originated (but not in the Island city).
11. A
(a)
(b)
(c)
(d)
(e)
(f)
DRC shall not be valid for use on receivable plots in the areas listed below:Between the tracks of of the Western Railway and the Swami Vivekanand Road;
Between the tracks of the Western Railway and the Western Express Highway;
Between the tracks of the Central Railway (Main line) and the Lal Bahadur Shastri
Road;
On plots falling within 50 m. on roads on which no new shops are permitted as
specified in sub-regulation (2) of Regulation 52.
Coastal areas and areas in No Development Zones, Tourism Development Zones, and
areas for which the Mumbai Metropolitan Region Development Authority or
Maharashtra Housing and Area Development Authority is the Special Planning
Authority;
On plots for housing schemes of slum dwellers for which additional FSI is permissible
under sub-regulation (10) of Regulation 33;
[ On plots for housing schemes of slum dwellers for which additional FSI is
permissible under sub-regulation (10) of Regulation 33. However, in cases where nonslum plot is amalgamated with the slum plot for the purpose of better planning etc. then
DRC will be receivable on the non-slum plot. In such cases utilization of DCR shall be
governed as per procedure and provisions stipulated in Appendix VII-A and Appendix
(8)
VII-B of DCR 1991.]
(g)
(h)
[on plots situated in M Ward except TDR generated from M Ward and
(4)
slum TDR generated elsewhere.]
12. The user that will be permitted for utilisation of the DRCs on account of transfer of
development rights will be as under:-
Zone
in
designated/reserved
situated
(1) Residential
(2) Commercial (C-2)
which
plot
is
..
..
13. DRCs may be used on one or more plots of land whether vacant or already developed or
by the erection of additional storeys, or in any other manner consistent with these
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 349
Regulations, but not so as to exceed in any plot a total built-up FSI higher than that
prescribed in Regulation 14 in this Appendix.
14. [The FSI of a receiving plot shall be allowed to be exceeded by not more than
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 350
reasons to be recorded in writing, grant DRs, as and when considered appropriate and
necessary.
(9)
[ ] This clause shall be added to Appendix-VII of DCR 34 u/s. 37(2) vide Government
Notification under No. DCR 1098/628/CR-94/98/UD-11 Dt. 30.10.2000.
(2)
[
]
This clause was deleted vide Government Order under No. DCR
1095/1145/255/UD-11 Dt. 19.04.2001 u/s. 37(2) of MR&TP Act 1966.
(3)
[
]
This clause was added vide Government Order under No. DCR
1095/1145/255/UD-11 Dt. 19.04.2001 u/s. 37(2) of MR&TP Act 1966.
(4)
[
] This clause shall added u/s. 37(2) vide Government Notification
CMS/FSI/1196/CR-130/97/UD-11 Dt. 22.09.1999.
(5)
[
]
This clause was added vide Government Notification No.
1199/622/CR-70/99/UD 11 dated 10 th of March 2003.
DCR
[
] ) This clause was added vide Government Notification No. TPB-4303/CR143/2003/UD-11 dated 15th June, 2004.
[
]** Appendix VII is renumbered as Appendix VII--A vide order under number
DCR/1095/1209/CR-273/95/UD-11 dated 15th October,1997.
[
](7) This clause was inserted vide Govt. orders under section 37(2) of M.R.&T.P.
Act, 1966 vide order No.TPB 4304/2770/CR-312/04/UD-11: Dated the 14th May, 2007.
[
](***)--- This proviso was added vide Govt. sanction under section 37(2) vide No.
TPB 4309/752/CR-60/2009/UD-11
](8) This clause was inserted vide Govt. orders under section 37(2) of M.R.&T.P.
(9)
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 351
APPENDIX VII-B
[Regulations for the grant of TDR to the developers/Co-operative Housing
Societies/NGOs in respect of slum rehabilitation scheme vide DCR 33(10) and
DCR 33(14)1. The developer/society/NGO on a plot of land for which the Slum
Rehabilitation Project is sanctioned under these Regulations
shall be eligible for the award of TDR for the FSI, if any, in
excess of 2.5 or as may be specifically permitted by the Chief
Executive Officer, Slum Rehabilitation Authority.
2. DRC for the TDR will be issued by the Commissioner, Brihan
Mumbai Municipal Corporation himself on recommendation by
Chief Executive Officer, Slum Rehabilitation Authority. The FSI
credit in square metres of built-up area will be stated in figures
and in words, the place where TDR is earned.
3. The built-up area for the grant of DRC shall be equal to the FSI of
the sanctioned Slum Rehabilitation Project allowed to be taken in
the form of TDR.
4. When a buildable amenity on the reserved plot for which slum
rehabilitation project is sanctioned and handed over free of cost
to the Municipal Corporation, the Commissioner may grant a
further TDR due for the construction of the said amenity, and in
accordance with the general policy of the Municipal Corporation
in this regard.
5. A DRC will be issued only on the satisfactory compliance with
the conditions prescribed in this Appendix as well as in
Appendix IV.
6. If the holder of a DRC intends to transfer it to any other person/s
he will submit it to the Commissioner with an appropriate
endorsement of the new holder's name. Without such
endorsement by the Commissioner himself, the transfer shall not
be valid, and will be available for use only by the original holder.
7. A holder of a DRC who desires to use the FSI credit certified
therein on a particular plot shall attach to his application for
development permission valid DRCs to the extent required.
8. Irrespective of the location in which they originate, DRCs shall
not be used in the Island city.
9. Notwithstanding any provisions contained in Appendix VII-A, the
DRCs may be used(a)
On any plot in the same ward in which TDR has originated, the ward
not being in the Island City.
(b)
On any plot lying to the north wholly or partly of the plot in which TDR
originated, the plot not being in the Island City.
10. A DRC shall not be valid for use on receivable plots in the area listed below
:
(i) Coastal Regulations Zone-1 and areas in NDZ, TDZ and the areas for which
the MMRDA has been appointed as Special Planning Authority.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 352
(ii) On plots where Slum Rehabilitation Projects have been taken up or are
possible.
plot then DRC shall be valid for use on non-slum plot. In such cases utilization of
DRC shall be governed as per procedure and provisions stipulated in Appendix VIIa and Appendix VII-B of DCR 1991.
(2)
(iii) Areas where the permissible FSI is less than 1.0 FSI except " M" Ward.
(iv) Heritage buildings and precincts notified under DC Regulation No. 67.
11. Notwithstanding the provisions in Appendix VII-A, sub-regulation 12, the
use of DRC on the TDR receiving plot will be subject to the same
regulations that are applicable to the TDR receiving plot. There will be no
restrictions on which zone TDR can be received, except the provisions in
sub-regulation 9 and 10 above.
12. The DRC may be used on one or more plots of land whether vacant or
already developed by the erection of additional floors, or in any other
manner consistent with these regulations, but not so as to exceed the FSI
prescribed below.
13. Any TDR receiving plot shall not be eligible for more than 100 per cent
additional FSI in whichever combination TDRs are received provided at
least 20 percept of the FSI shall be mandatorily kept for use of TDR
generated as surplus from slum rehabilitation scheme. The source of TDR
could be from slum redevelopment, DP reservations or DP road going
through TDR receiving plot.
14. Before granting development permission to use TDR in full or in part, the
Commissioner shall endorse in writing in figures and in words the quantum
of DRC proposed to be utilised in the development permission.
15. A DRC shall be issued by the Commissioner himself as a certificate
printed on bond paper in an appropriate form prescribed by the
Commissioner. Such a certificate shall be a transferable/negotiable
instrument after due authentication by the Commissioner.
16. The Commissioner shall maintain a register in a form considered
appropriate by him of all transactions relating grant or utilisation of
DRCs arising out of slum rehab projects. From time to time at least
once in three months these transactions shall be published in the
Maharashtra Government Gazette for the information of the public,
provided however the utilisation of TDR/ DRCs shall not be dependent
upon any such publication.
[
]
These words were added vide Govt. Notification under section37(2)
of MR&TP Act 1966, vide order under numberTPB/4309/1242/CR7/09/UD11dated
2ndSeptember, 2009.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 353
APPENDIX VIIA
(Regulations No. 67)
REGULATIONS FOR THE GRANT OF TRANSFERABLE DEVELOPMENT RIGHT
TO OWNERS / LESSEES OF HERITAGE BUILDINGS / HERITAGE PRECINCTS
AND CONDITIONS FOR GRANT OF SUCH RIGHTS
1.
2.
3.
4.
A holder of a DRC who desires to use the FSI credit certified therein on
a particular plot of land shall be attach to his application for
development permission valid DRC's to the extent required.
5.
DRCs may used On any plot in the same ward as that in which they have originated or in
any ward in the suburbs except as specified in clause (6) below:
6.
A DRC shall not be valid for use on receivable plots in the areas listed
below
(a) On plots falling within 50 mt. on roads on which no new shops are
permitted as specified in sub-regulation (2) of regulation 52.
(b) Coastal areas and areas in No Development Zones, Tourism
Development Zones, and areas for which the Mumbai Metropolitan
Region Development Authority or Maharashtra Housing and Area
Development Authority is the Special Planning Authority
(c) On plots for housing schemes of slum dwellers for which additional
FSI is permissible under sub-regulation (10) of Regulation 33.
(d) Any heritage building;
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(e) Any Heritage Precinct except with the prior approval of the Heritage
Conservation Committee and subject to compliance with the
regulations of the particular precincts.
7.
The user that will be permitted for utilisation of the DRCs on account of
transfer of development rights will be as under:
Zone in which designated
reserved plot is situated
1. Residential
2. Commercial (C-2)
3. Commercial (C-1)
8.
9.
10.
11.
Residential
only
in
Residential
Zones.
Commerical (C-1) if the plot where
the FSI is to be utilised is situated in
C-1 Zone.
Residential in Residential Zones.
Residential
only
in
Residential
Zones.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 355
(ii)
(2)
Structural members such as supports and load bearing walls shall have fire
resistance rating of 3 hour, transoms and ceilings at least 2 hours.
(3)
Internal walls and partitions separating corridors from areas on floors that are used
for any purpose other than circulation shall have a fire resistance of not less than one hour.
There shall be no openings in such walls other than for doors or delivery hatches with fire
resistance not less than half an hour. Fire sections (fire walls) sub-dividing the building to
prevent fire spread, shall have a fire resistance, rating not less than two hours.
(4)
Facades excluding windows and doors shall consist of non-combustible building
materials. The minimum distance between the top of the opening on a lower floor and the
sill of that on the floor above it shall be 0.9 m., so that the fire would have to travel at least
0.9 m. between storeys.
3.
Staircase enclosures.- (1) The internal enclosing walls of staircase shall be of brick or
R.C.C. construction with a fire resistance of not less than two hours. All enclosed
staircases shall be reached via a ventilated lobby and shall have access through selfclosing doors of at least half an hour fire resistance. These shall be single swing doors
opening in the direction of the escape. The door shall be fitted with check section door
closers. The floor landing of staircases shall not form part of common corridor.
(2) The staircase enclosures on the external wall of a building shall be ventilated to the
atmosphere at each landing or mid-landing.
(3) A permanent vent at the top equal to 5 per cent of the cross sectional area of the
enclosure and open able sashes at each landing level with area not less than 0.5 sq. m.
on the external wall shall be provided. The roof of the shaft shall be at least 1 m. above
the surrounding roof. There shall be no glazing or glass bricks in any internal enclosing
wall of a staircase. If the staricase is in the core of the building and cannot be ventilated
at each landing, a positive pressure of 5 mm. water gauge by an electrically operated
blower shall be maintained.
(4) The mechanism for pressuring the staircase shaft shall be so installed that it opeartes
automatically and also manually when the automatic fire alarm operates.
4. Lift enclosures.-(1) The walls enclosing the lift shafts shall have a fire resistance of not
less than two hours. Shafts shall have permanent vents at the top not less than 1800
m.m.- (0.2 sq.m.) in clear area. Lifts motor rooms should preferably be sited at the top
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 356
(2)
(3)
(4)
(5)
(6)
(7)
5.
6.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
7.
of the shaft and shall be separated from lift shafts by the enclosing wall of the shaft or
by the floor of the motor rooms.
Landing doors in lift enclosures shall open into the ventilated or pressurised
corridor/lobby and shall have fire resistance of not less than one hour.
The number of lifts in one lift bank shall not exceed four. The shaft for the fire lift in a
lift bank shall be separated from each other by a brick masonry or R.C.C. wall of fire
resistance of not less than two hours. Lift car doors shall have fire resistance of not less
than one hour.
If the lift shaft and lift lobby are in the core of the building, a positive pressure of not
less than 2.5 mm. and not more than 3 mm. water gauge by an electrically operated
bower shall be maintained in the lift lobby and positive pressure of not less than 5 mm.
water gauge shall be maintained in the lift shaft. The mechanism for pressuring the lift
shaft and lift lobby shall be so installed that they shall operate automatically when the
automatic fire alarm operates. The mechanism shall have facilities to operate manually.
Exit from the lift lobby, if located in the core of the building, shall be through a self
closing smoke stop door of an half-hour fire resistance.
The lift machine room shall be separate and no other machinery shall be installed
therein.
Lifts shall not normally communicate with the basement. However, one of the lifts may
be permitted to reach the basement level provided the lift lobby at each basement level
is pressurized and separated from the rest of the basement areas, by a smoke-actuated
fire resisting door of two hours fire resistance. These doors can also be kept in holdopen position by an electro-magnetic device to be linked with a smoke detector.
External windows.-The area of the open able external windows on a floor shall be not
less than 2 1/2 per cent of the floor area. The locks for these windows shall be fitted
with budget lock of the carriage key type (which can be opened with the point of a
fireman's' axe).
Fire lifts.-The following provisions shall be made for a fire lift.To enable fire services personnel to reach the upper floors with minimum delay, one or
more of the lifts shall be so designed as to be available for the exclusive use of such
personnel in an emergency and be directly accessible to every dwelling/lettable floor
space of each floor.
The lift shall have a floor area of not less than 1.4 sq.m. with a minimum dimension of
1.12 m. It shall have a loading capacity of not less than 545 kg. (8 persons lift) with
automatic closing doors.
There shall be an alternate electric supply from a generator of an adequate capacity
apart from the electric supply in the building and the cables shall run in a route safe from
fire, i.e. within the lift shaft. In case of failure of normal electric supply, it shall
automatically trip over to alternate supply. For apartment buildings, this change over of
supply could be done through a manually operated change-over switch.
The operation of a fire lift shall be by a simple toggle or two button switch situated in a
glass fronted box adjacent to the lift at the entrance level. When the switch is on,
landing call-points will become inoperative and the lift will be on care control only or on
priority control device. When the switch is off, the lift will return to normal working. This
lift can be used by the occupants in normal times.
The words 'FIRE LIFT' shall be conspicuously displayed in fluorescent paint on the lift
landing doors at each floor level.
Collapsible gates shall not be permitted for lifts; the lifts shall have solid doors with fire
resistance of at least one hour.
The speed of the fire lift shall be such that it can reach the top floor from ground level
within one minute.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 357
the basement shall not enter any exit serving the ground and upper storeys of the
building;; and (c)communicate with basement though a lobby provided with fire-resisting
self-closing doors of one hour fire resistance. If the travel distance exceeds 18.50 m,
additional staircases at proper places shall be provided.
(3) Intake ducts may serve al basement levels but each basement and basement
compartment shall have separate smoke outlet duct or ducts.
(4) Mechanical extractors for smoke-venting system from lower basement levels shall also
be provided. The system shall be of such design as to operate on actuation of heat
sensitive detectors or sprinklers if installed and shall have a considerably higher
performance than the standard units. The system should also have an arrangement to
0
start it manually and shall be designed to function at a temperature not less than 550 C.
(5) Kitchens working or gas fuel, department stores and shops shall not be permitted in
basements.
8. Floor space division (fire sections). If the undivided floor space on a floor exceeds 750
sq.m. it shall be separated into compartments each not exceeding 750 sq.m. by means
of fire walls of not less than two hours fire resistance. In extended buildings, fire walls
should be erected at distance exceeding 40 m. For floors with sprinklers, the area
mentioned above may be increased by 50 per cent.
9.
Service ducts.-(1) Service ducts shall be enclosed by walls having a fire resistance of
not less than two hours. Doors for inspection or access shall also have a fire resistance
of not less than two hours.
(2) If the cross sectional area of a duct exceeds 1 sq m. it shall be sealed where it passes
a floor with non-combustible light material. The seal within the duct maybe pierced for
any service pipe or ventilated trunk and shall fit as closely as possible around any such
pipe or trunk.
(3) A permanent vent shall be provided at the top of the service shaft of cross-sectional
area. not less than 460 sq. cm. or 6.25 cm. for each 900 sq.cm. of the area of the shaft,
whichever is more.
10. Refuse chutes and refuse chambers.- (1) Hoppers under refuse chutes shall be situated
in a well ventilated position and the chutes shall be continued upwards with an outlet
above roof level and with an enclosure wall of non-combustible material with fire
resistance of not less than two hours. The hoppers shall not be located within the
staircase enclose.
(2) Inspection panels and hopper (charging station) opening shall be fitted with light fitting.
metal doors, covers, having a fire resistance of not less than one hour. Flap
doors/covers i.e. push-in or lift-up type shall not be permitted.
(3) Refuse chutes shall not be provided in staircase walls and air conditioning shafts, etc.
(4) Refuse chambers shall have walls and floors or roofs constructed of non-combustible
and impervious material and shall have a fire resistance of not less than two hours.
They shall be located at a safe distance from exit routes.
11. Building services.-(1) Electrical Services.-(a) The electric distribution cables wiring
shall be laid in a separate duct. The duct shall be sealed at every alternate floor with
non-combustible materials having the same fire resistance as that of the duct.
(b)
Water mains, telephone lines, inter-com lines ,gas pipes or any other service line
shall not be laid in the duct for electric cables.
(c)
Separate circuits for water pumps, lifts, staircase and corridor lighting and blowers for
the pressurising system shall be provided directly from the main switch gear panel and these
circuits shall be laid in separate conduit pipes so that a fire in one circuit will not affect the
others. Master switches controlling essential services circuits shall be clearly labelled.
(d)
The inspection panel doors and any other opening in the shaft shall be provided with
air-right fire doors having a fire resistance of not less than two hours.
(e)
Medium and low voltage wiring. running in shafts, and within a false ceiling, shall run
in metal conduits.
(f)
An independent and well ventilated service room shall be provided on the ground
floor with direct access from outside or from the corridor for the purpose of termination of
electric supply from the licensees' service and alternative supply cables. The doors
provided for the service room shall have fire resistance of not less than two hours.
(g)
If the licensees agree to provide meters on upper floors, the licensees' cables shall
be segregated from consumers' cables' by a partition in the duct. Meter rooms on upper
floors shall not open into staircase enclosures and shall be ventilated directly to open air
outside.
(h)
PVC cables should have an additional sheathing or protection provided by
compounds sprayed on after installation.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 358
(2) Town gas/L.P. Gas supply pipes.-These pipes shall be run in shafts exclusively for this
purpose and shall be on external walls, away from the staircases. There shall be no
inter-connection between these shafts and the rest of the floors, Gas meters shall be
housed in a suitable constructed metal cupboard located in a well ventilated space at
ground level.
(3) staircase and Corridor Lightings.-(a) The staircase and corridor lighting shall be on
separate circuits and shall be independently connected so that they could be operated
by one switch installation on the ground floor easily accessible to fire-fighting staff at
any time irrespective of the position of individual control of light points, if any.
(b) Staircase and corridor lighting shall also be connected to alternate supply as defined in
sub-Regulations (4). However, for assembly and institutional buildings less than 24 m.
when the alternate source of supply may be provided by battery continuously tricklecharged from the electric mains.
(c) Double throw switches should be installed to ensure that the lighting in the staircase and
the corridor do not get connected to two sources of supply simultaneously. A double
throw switch shall be installed in the service room to terminate the stand-by-supply.
(d) Emergency lights shall be provided in the staircase/corridors for multistoried high rise
and special buildings.
(4) Alternate source of electric supply.-A stand-by electric generator shall be installed to
supply power to staircase and corridor lighting circuits, fire lifts, the stand-by fire pump,
pressurisation fans and blowers, smoke extraction and damper systems in case of
failure of normal electric supply. The generator shall be capable of taking starting
current of all the machine and circuits stated above simultaneously. If the stand-by
pumps is driven by diesel engine, the generator supply need not be connected to the
stand by pump.
(5) Transformers.-(a) If transformers are housed in basement, they shall be necessarily in
the first basement in a separate fire resisting room of four house rating, at the periphery
of the basement. The rooms shall be protected by carbon dioxide or BCF fixed
installation system to protect transformers. The entrance to the room shall be provided
with a steel doors of two hours fire rating. A curb (sili) of a suitable height shall be
provided with at the entrance in order to prevent the flow of oil from a ruptured
transformer into other parts of the basement. Direct access to the transformer room
shall be provided preferably from outside. The switch gears shall be housed in a
separate room separated from the transformer bays by a fire resisting wall with fire
resistance of not less than four hours.
(b) If housed in basement, the transformer shall be protected by an automatic high
pressure water spray system (emulsifying).
(c) transformers housed at ground floor level shall be cut-off from the other portion of the
premises by fire resisting walls of four hours' fire resistance.
(d) They shall not be housed on upper floors.
(e) A tank of RCC construction of capacity capable of accommodating the entire oil of the
transformers shall be provided at lower level, to collect the oil from the catch-pit in an
emergency. The pipe connecting the catch-pit to the tank shall be of non-combustible
construction and shall lbe provided with a flame-arrester.
(6) Air-conditioning.-(a) Escape routes like staircases, common corridors, lift lobbies etc.
shall not be used as return air passages.
(b) The ducting shall be constructed of substantial gauge metal in accordance with IS-6551963 Metal Air Ducts (Revised).
(c) Wherever the ducts pass through fire-walls or floors, the opening around the ducts shall
be sealed with fire-resisting materials such as asbestos rope or verniculire concrete
glass wool.
(d) As far as possible, metallic ducts shall be used even for the return air instead of space
above the false ceiling.
(e) The materials used for insulating the duct system (inside or outside) shall be of noncombustible materials such as glass wool, spun glass with neoprene facing.
(f) Area more than 750 sq.m. on the individual floor shall be segregated by a fire-wall and
automatic fire dampers for isolation shall be provided where the ducts pass through fire
walls. The fire dampers shall be capable of operating manually.
(g) Air ducts serving floor areas, corridor etc. shall not pass through the staircase
enclosure.
(h) The air handling units shall as far as possible be separate for each floor and air ducts
for every floor shall be separate and in no way interconnected with the ducting of any
other floors.
(i) Automatic fire dampers shall be provided at the inlet of the fresh air duct and the re-turn
air duct of each compartment on every floor. They shall be so arranged as to close by
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 359
gravity in the direction of the air movement and to remain tightly closed upon operation
of a smoke detector.
(j) If the air handling unit serves more than one floor, the requirements given above shall
be compiled with an addition to the conditions given below :(i)
Proper arrangements by way of automatic fire dampers working on smoke detectors
for isolating all ducting a every floor from the main riser shall be made.
(ii)
When the automatic fire alarm operates, the respective air handling units of the airconditioning system shall automatically be switched off.
(k) The air filters of the air-handling units shall be of non-combustible materials.
(l) The air handling unit room shall not be used for storage of any combustible
materials.
(m) Inspection panels should be provided in main trunking to facilitate the cleaning of
the duct of accumulated dust and to obtain access for maintenance of fire dampers.
(n) No combustible material shall be fixed nearer than 15 cm. to any duct unless such
duct is properly enclosed and protected with non-combustible material (glass wool)
or spun glass with neoprene facing enclosed and wrapped with aluminum sheeting)
at least 3.2 mm. thick and which does not readily conduct heat.
(o) Materials used for false ceilings, runners and suspenders shall be of noncombustible type.
(7) Boiler room :- Boiler and boiler rooms shall conform to the Indian Boilers Act. The
following additional aspects should be taken into account in the location of boiler/boiler
room :(a) Boilers shall not be allowed in a lower basement but may be allowed in basements at
first level and away from the escape routes.
(b) The boilers shall be installed in a fire-resisting room of 4 hours' fire resistance rating
situated on the periphery of the basement. Catch-pitch shall be provided at the low
level.
(c) Entry to this room shall be provided with a composite door of two hours fire resistance.
(d) The boiler room shall be provided with fresh air inlets and smoke exhausts directly to the
atmosphere.
(e) The furnace oil tank for the boiler, if located in the adjoining room, shall be separated
by-fire resisting walls 4 hours rating. The entrance to this room shall be provided with
double composite doors. A kerb of suitable height shall be provided at the entrance in
order to prevent the flow of oil into the boiler room in case of tank rupture.
(f) Foam inlets shall be provided on the external walls of the building near the ground level
to enable the fire services to use foam in case of fire.
12. Provision of First Aid and Fire-fighting Appliances :- (1) First-aid fire fighting equipment
shall be provided on all floors including basements, lift rooms, etc. in accordance with IS
: 2217-1963 Recommendations for providing First-Aid Fire Fighting Arrangements in
Public Buildings.
(2) The fire fighting appliances shall be distributed over the building in accordance with IS :
2190-1971 Code of Practice for Selection, Installation and Maintenance of Portable
First-Aid Fire Appliances.
13. Fixed Fire-Fighting Installations :- (1) Buildings shall be protected by wet riser, wet
riser-cum-down corner, automatic sprinkler, installation, high pressure water spray or
foam generating system as prescribed in sub-Regulations (2) to (7) below :(2) The wet riser/riser-cum-down comers' installation with capacity of water storage tanks
and fire pumps shall conform to the requirements specified in Table 24 hereunder.
Table 24
Fire fighting installation requirements :-----
Serial
No.
(1)
Type of
the
building
occupanc
y
Requirements
Water Supply
Type
Undergro
of
und Static
Install
Tank
ation
(4)
(3)
Terrac
e Tank
(5)
Pump Capacity
Near
the
Terrace Level
underground
(7)
Static Tank
(6)
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(2)
Residenti
al
buildings
below 24
m.
in
height
Nil
Nil
Nil
Nil
Resident
ial
buildings(a)
Above 24
m.
and
not
exceedin
g 35 m.
with
shopping
area upto
250 sq.m.
and
restricting
the
shopping
area
to
the
ground
floor only.
(b)
Above 24
m.
and
not
exceedin
g 35 m.
with
shopping
area
exceedin
g
250
sq.m.
(c)
Exceedin
g 24 m.
but not
exceedin
g 45 m.
(3)
Nil
Nonresidentia
l / special
type
buildings-
Wet
risercumdown
comer.
50,000
liters
20,000
liters
1,400 liters
per
minute
giving
a
pressure not
less than 3.2
kg/cm2.
At
the topmost
hydrant.
Wet
riser
cumdown
comer.
1,00,000
liters
20,000
liters
2,400 liters
per
minute
giving
a
pressure not
less than 3.2
kg/cm2
at
the topmost
hydrant.
Wet
riser
cum
down
corner
50,000
litres
20,000
litres
1400 litres
per
minute
giving
pressure not
less than 3.2
kg/cm 2 at
the top most
hydrant.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 361
(a) Upto
15 m. in
height.
(b)
Above 15
m. but not
exceedig
24 m. in
height
except
education
al
buildings.
(c)
Above 15
m. but not
exceedin
g 24 m. in
height
except
education
al
buildings.
(d)
Above 24
m. but not
exceedin
g 45 m.
Nil
Wet
risercumdown
corner.
Wet
risercumdown
corner
Wet
risercumdown
corner.
50,000
liters
50,000
liters
Nil
75,000
liters
Nil
10,000
liters
10,000
liters
20,000
liters
Nil
1,350 liters
per
minute
giving
a
pressure not
less than 3.2
kg/cm2
at
the topmost
hydrant.
Nil
2,400 liters
per
minute
giving
a
pressure not
less than 3.2
kg./cm2.
Nil
Nil
Note 1 :- Any of the above categories may incorporate an automatic sprinkle / a drencher
system, if the risk is such that it requires such protective methods.
Note 2 :- A minimum of two hydrants shall be provided within a courtyard.
Note 3 :- Wet riser-cum-down corner is an arrangement for fire fighting within the building
by means of vertical rising mains of not less than 10 cm. Internal dia, with hydrant and hose
reel on each floor landing connected to an overhead water/storage tank for fire fighting
purpose through a booster pump, check valve and a non-return valve near the tank end and
a fire pump, gate and non-return valve over the underground static tank. A fire service inlet
at ground level filled with a non-return valve shall also be provided to the rising main for
charging it by a fire service pump in case of failure of static fire pumps over the underground
static tanks,(Fig 2)
Note 4 :2,000.
Note 5 :- The above quantities of water shall be exclusively for fire fighting and shall not be
utilised for domestic/or other use. The layout of underground static water tank shall be as
per sketch attached.
Note 6 :- The size of the riser in the non-residential buildings over 24 m. high shall be 15
cm. (internal dia.) with twin hydrant outlets and hose reel on each floor.)
Note 7 :- A facility to boost water pressure in the riser directly from the mobile pump shall
also be provided to the wet riser system with suitable fire service inlets (collecting head with
with two 63 mm inlets for 10 cm rising main and four 63 mm inlets with check valves for 15
cm. Dia rising main) and a non-return valve and a gate valve.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 362
Note 8 :- Hose Reel-The Internal diameter of rubber hose for the hose reel shall be a
minimum of 19 mm. A shut-off branch with a nozzle of 4.8 mm. Size shall be provided.
(3) Wet Riser Installations :- They shall conform to IS : 3644-1966 Code of Practice for
Installations of Internal Fire Hydrants in multistoreyed or high-rise buildings. In addition,
the wet-riser shall be designed for zonal distribution ensuring that unduly high pressure
does not develop in risers and hose pipes.
In addition to wet-riser, wet riser-cum-down corner, first aid hose reels shall be installed on
the floors of buildings above 24 m. and shall conform to IS :884-1969 Specifications for First
Aid Hose Reel for Fire Fighting (Fixed Installation). The first aid hose reel shall be
connected to one of the female couplings of twin couplings of landing valves directly to the
wet riser in the case of single outlet of the wet riser installations by means of adapter :(i)
Static Water Storage Tank :- A satisfactory supply of water for the purpose of fire fighting
shall always be available in the form of an underground static storage tank with capacity
specified for each building with arrangements of replenishment by main or alternative source
of supply at 1,000 liters per minute. The static storage water supply should easily be
accessible to fire engines. Provision of suitable number of manholes shall be made
available for immersion, repairs and inspection of suction hose etc. The covering slab shall
be able to withstand a vehicular load of 18 tonnes. The domestic suction tank connected to
the static water storage tank shall have an overflow capable of discharging 2250 litres per
minute to a visible drain point from which by a separate conduit the overflow shall be
conveyed to a storm water drain.
(ii)
To prevent stagnation of water in the static water storage tank, the suction tank of
the domestic water supply shall be fed only through an overflow arrangement to
maintain the level therein at the minimum specified capacity (See Fig. 1)
(iii)
The static water storage tank shall be provided with a fire brigade collecting
breaching with four 63 mm. Dia. (two of 63 mm. dia. for pump with capacity 1,400
liters/minute) instantaneous male inlets arranged in a valve box at a suitable point at
street level and connected to the static tank by a suitable fixed pipe of not less than
15 cm dia. to discharge water into the tank when required at a rate of 2250 litres per
minute.
(iv)
(v)
(a) in basements used as car parks except in apartment buildings and residential hotels if
the area exceeds 500 sq.m.
(b) in basements of multi-storeyed and high-rise buildings used as car parks and for
permissible essential services ancillary to a particular occupancy.
(c) In any rooms or other compartment of a building exceeding 500 sq.m.
(d) In department stores or shops in an area exceeding total of 750 sq.m.
(e) In all all non-domestic floors of mixed occupancy considered to constitute a hazard and
not provided with staircase independent of the remainder of a building;
(f) In godowns and warehouses as considered necessary;
(g) In dressing rooms, scenery decks, stages, and stage basements of theatres.
(4) Automatic High Pressure Water Spray (emulsifying) :- This system shall be provided for
protection of indoor transformers of a substation in a basement area.
(5) Foam Generating System :- This system shall be provided for protection of boiler rooms
with ancillary, storage of furnace oils in a basement.
(6) Carbon-dioxide (Co2) Fire Extinguishing System :Fixed Co2 fire extinguishing
installation shall be provided as per IS : 6382-1971 Code of Practice for Design and
Installation of Fixed Co2 Fire Extinguishing System on premises where water or foam
cannot be used for extinguishing fire because of the special nature of the contents of the
buildings/areas to be protected. Where possible, BCF installation may be provided
instead of Co2 installation.
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 363
14 .
Fire Alarm System :- All buildings mentioned below shall be equipped with fire alarm
systems as given below :(a) Special buildings above 15 m. in height and Business and Industrial buildings above 24
m. in height.- (a) Such buildings shall be equipped with a manually-operated electrical
fire alarm system with one or more call boxes located at each floor. The call boxes shall
be so located that one or other of them shall be accessible to all occupants of the floor
without having to travel more than 22.5 m.
(b) The call boxes shall be of the 'break-glass' type without any moving parts where the call
is transmitted automatically to the control room without any other action on the part of
the person operating the call box.
(c) All call boxes shall be wired in a closed circuit to a control panel in the control room
located as given in this rule so that the floor number where the call box is actuated is
clearly indicated on the control panel. The circuit shall also include one or more
batteries with a capacity of 48 hours normal working at full load. The battery shall be
arranged to be continuously trickle-charged from the electric mains. The circuit may be
connected to an alternate source of electric supply as in sub-Regulations (4) in
Regulations 11 in this Appendix.
(d) The call boxes shall be arranged to sound one or more sounders so as to ensure that all
the occupants of the building are warned whenever any call box is actuated .
(e) The call boxes shall be so installed that they do not obstruct the exit-ways and yet their
location can easily be noticed from either direction. The base of the call box be at a
height of 1 m. from the floor level.
(ii)
All other buildings exceeding 24 m. height excluding those mentioned in clause (i)
Above :-
These buildings shall, in addition to the manually operated electrical fire alarm system, be
equipped with an automatic fire alarm system. The latter shall be in addition to any
automatic fire-extinguishing system installed in any particular occupancy in accordance with
these rules. The detectors for the automatic fire alarm shall conform to the relevant IS
Specification Heat Smoke Sensitive Type Fire Detector and the system shall be installed in
accordance with IS : 2189-1976 Code of Practice for Automatic Fire Alarm System of any
other relevant Indian Standard, prescribed from time to time.
Provided that, no automatic detector shall be required in any room or portion of a building
which is equipped with an approved installation of automatic sprinklers.
15. Lightning Protection of Buildings :- The lightning protection systems for buildings shall
be in accordance with the provisions of Part III, National Building Code of India.
16. Control Room :- For all buildings mentioned in Regulations 14 in this Appendix except
residential buildings, there shall be a control room on the entrance floor of the building
with communication system (suitable public address system) to all floor planers along
with the details of fire fighting equipment and installations shall be maintained in the
control room. The control room shall also have facilities to detect a fire on any floor
through indicator boards connecting fire detecting and alarm systems on all floors. The
staff in-charge of the control room shall be responsible for the maintenance of the
various services and fire fighting equipment and installations. Control room shall be
manned round the clock.
17. Fire drills and fire orders :- Fire notices/orders shall be prepared indicating the
requirements of fire fighting and evacuation of the building in the event of fire or other
emergency. Occupants shall be thoroughly familiarised with their contents and action
needed in the event of an emergency. Such notices should be displayed prominently.
18. With the approval of Government the Commissioner, in consultation with the Chief Fire
Officer, may, from time to time, add to, alter or amend the provisions in this Appendix.
(19)
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i)
Manner of providing refuge area :
a)
The refuge area shall be so located that it shall preferably face the access
road/s or otherwise face the wider open space on the side of the building
perpendicular to the main access road.
b) The cantilevered Refuge area on cantilever will be permissible at the mid-landing
of the staircase only. All other refuge areas shall be within the building line only.
c)
The cantilevered refuge area shall necessarily be of RCC Type .
d)
The refuge area shall be provided with railing / parapet of 1.20 mt.
e)
R.C.C. covering shall be provided above the topmost cantilever refuge area.
f)
The refuge area shall have a door which shall be painted or fixed with a
sign in luminous paint mentioning REFUGE AREA
g)
The lift/s shall not be permitted to open into the refuge areas.
h)
The refuge area provided within building line shall be accessible from
common passage/ staircase.
ii)
Use of refuge area :
a)
The refuge area shall be earmarked exclusively for the use of occupants as
temporary shelter and for the use of Fire Brigade Department or any other
organization dealing with fire or other emergencies when occur in the building and
also for exercises/drills if conducted by the Fire Brigade Department.
b)
The refuge areas shall not be allowed to be used for any other purpose and it
shall be the responsibility of the owner/occupier to maintain the same clean and
free of encumbrances and encroachments at all times.
iii)
Facilities to be provided at refuge area
a)
Adequate emergency lighting facility shall be provided.
iv)
Terrace floor as a refuge floor:
a)
The necessary facilities such as emergency lighting, drinking water etc shall
be provided.
b)
The access door/s from the enclosed staircase/s to the terrace floor shall
have louvers at top half portion of the door. The entrance doors to the terrace shall
be painted or fixed with sign painted in luminous paint mentioning "REFUGE
AREA
[06012012]
------------------------------------------------------------------------------------------------------------------------------------------
(06012012)
]
Final sanction to Modification by State Government under 37(1)(AA)(C) of
MRTP Act, 1966, vide order number CMS 4311/452/CR-58/2011/UD11,Dated 6th January, 2012
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 365
APPENDIX IX
(Regulations 12 )
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APPENDIX X
[Regulations 5(1), 5(3) (iii), (iv)]
Form of Notice and first Application for development Under Sections 44,45,58,69 of
the Maharashtra Regional and Town Planning Act 1966 and to erect a building
under section 337 of the Mumbai Municipal Corporation Act, 1888.
To
The ..
Municipal Corporation of Greater Mumbai,
Mumbai.
Sir,
I intend to carry out development in the site/to erect, to re-erect/to make
material alteration in the building.on/in plot No. C.S.No./C.T.S.
No..of..Division/village/Town Planning Scheme
Nosituated at Road/Street
ward.and in accordance with section 44,45,58,69 of the
Maharashtra Regional and Town Planning Act, 1966/section 337, 342 of the Mumbai
Municipal Corporation Act, 1888, and the Maharashtra Development Plan Rules,
1970.
2. I enclose the following plans and statements (Items 1 to 6) wherever applicable,
inquadruplicate, signed by (Name in block letters)
licensed surveyor/engineer/structural engineer/supervisor, License No
or architect, who has prepared the plans and designs on my behalf and copies of
other statements/documents as applicable (Items 7 to 12) :1) Key Plan (Location Plan)
2) Site Plan
3) Sub-division/layout plan
4) Building Plan
5) Particulars of development in the form in Annexure-I
6) Ownership Title
7) Attested copy of receipt for payment of building permit fee
8) Clearance certificate of municipal tax arrears.
9) No objection certificate/s, where required.
10) Appointment letter in favour of licensed technical personnel or architect.
11) Supervision memorandum of licensed technical personnel or architect.
12) Property register card, and city survey plan for plot in original signed by the
Competent City Survey Authority, owners' affidavit regarding area of the
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plot and Architect's certificate for plot area along with area calculations by
triangulation method.
Please approve the proposed development/construction and permit me to
execute the work.
Yours faithfully,
Date : . Signature of Owner
Name of Owner
Address of Owner .
ANNEXURE 1
(Part of Appendix X-Item 5)
Particulars of Development
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Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 369
|Types of doors
18(a) Does the building fall under the purview of clause (i) or (m) of subRegulations (2), Regulations 3.?
(b) If so, do the proposed fire protection requirements conform to those in
Appendix VIII?
( c ) If not, give reasons.
19(a) (i) What is the requirement of parking spaces under Regulation 36(2) and
(3)?
(ii) How many are proposed?
(iii) How many lock-up garages are proposed?
(b)(i) Are parking spaces for transport vehicles provided (Regulations 36(4))?
(ii) If so, what is the requirement?
(iii) How many are proposed?
NOTE :- INDICATE DETAILS ON BUILDING PLAN AS IN FORM 1.
20(a) (i) What are the maximum widths of balconies?
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(ii) Will they reduce the required open space to less than the provisions of the
Regulation?
(iii) Do they serve as a passage to any part of the building?
(iv)What is their total area?
(v) What is the maximum width of weather-frames, sun-shades (chajja), sunbreakers, cornices, caves, or other projections?
(c)(i) Are any porches/canopies proposed?
(ii)Do they comply with requirements of Regulations 30?
21(a) What is the width of the means of access?
(b) What is its clear height?
( c ) Will it be paved, drained and kept free of encroachment?
22
Is the recreational or amenity open space provided as required under
Regulations 23(I), 23(2)?
23 (a) Are any accessory buildings proposed? If so, for what purpose?
(b)What are their heights?
(c) Are they 7.5 meters away from the street or front plot boundary and if located
within the open spaces, 1.5 meters from any other boundary?
(d) Is their area calculated in floor space Index?
24 (a) What is the proposed height of the compound wall?
Is it at a junction?
(b) Does it comply with Regulations 38(27)?
25(a) (I) Is the proposal in the airport zone?
(b) (ii) Is a "No Objection Certificate" for height and character of smoke from
chimneys obtained from Civil Aviation Authorities (Attach copy).
( c ) Does the proposal fall in the category of tower-like structure vide Regulation
2(2)(93) and 29(1)(e)? If so, does it comply with the requirement thereof?
26. Indicate provision for common conventional antenna for receipt of television
transmission in residential building with more than ten tenements (Regulations 30)
27. Does the proposal fall in any of the areas/zones such as those of the Mumbai
Metropolitan Region Development Authority/ Maharashtra Housing and Area
Development Authority/Railway/Highway/Slum Authorities/Power Transmission
line/Coastal Area/No Development Zone/Tourism Development Zone/Communication
Authorities etc.?
28 (a) Does any natural water course pass through the land under development?
(b) Is the necessary set back provided according to Regulations 16(b)?
29 (a) Is the plinth level proposed to be above the level of the surrounding ground
level?
(b) Will the proposed plinth level be above 27.55 metres Town Hall Datum?
( c )Is the plot proposed to be filled upto the level of the abutting road or Reduced
Level (R.L.) 27.55 metres Town Hall Datum, whichever is more?
30 The details of the materials to be used in construction with specifications are
as follows :
Roofs-----------------------------------------------------------------------------------------------Floors----------------------------------------------------------------------------------------------Walls------------------------------------------------------------------------------------------------
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Columns--------------------------------------------------------------------------------------------Beams-----------------------------------------------------------------------------------------------Any other Material--------------------------------------------------------------------------------31 The number of water closets, urinals, kitchens, baths to be provided are as
follows :
Water closets |Baths | Urinals |Kitchen
Existing-----------------------------------------------------------------------------------------------Proposed---------------------------------------------------------------------------------------------32) Details of the source of water to be used in the construction.
33) Distance from the sewer.
34) How much municipal land, if any, will be used for stacking building material?
35) Please explain, in detail, in what respect the proposal does not comply with
these Regulations and the reasons therefore, attaching separate sheets for this
information, if necessary.
I am the owner-lessee/mortgagee in possession/----------------------------------- of the
plot on which the work is proposed and that the statements made in this Form are
true and correct.
Date :
Address :
Floor
No.
(2)
STATEMENT 'B'
Plinth
Area
(3)
Total floor
area
of
the
Existing
Building
(4)
Use or
Occupancy
of floors
(5)
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Floor No.
Area
Total Floor
Area
of proposed
work
Use or
Occupancy
of
Floors
FORM I
(Sr. No. 2,9,10,11,19 in ANNEXURE "A")
(At right top corner of site/building plan at Ground Floor Level)
A. Area Statement
1. Area of plot
Square meter
..
2. Deductions for .. ..
(a) Road set-back area
(b) Proposed road ..
(c) Any reservation ..
..
..
..
..
..
..
..
..
..
..
..
..
..
Total (a+b+C) ..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
13. Excess balcony area taken in floor space index (as per B(iii)
below).
----------------------14. Total built-up area proposed (11+12+13)
..
..
-----------------------
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..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
..
------------------------------
..
..
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 374
FORM II
(At right bottom corner of plans/below Form I)
Contents of sheet
Stamp of date of receipt of plans
Stamp of approval of plans
Revision
Description
Date
Signature
Certificate of Area
Certified that I have surveyed the plot under reference on.. and that the
dimensions of the sides, etc. of the plot stated on the plan are as measured on site
and the area so worked out is*.square metres and tallies with the
area stated in the document of ownership/Town Planning Scheme records.
Signature of Licensed Surveyor/Architect/Engineer/Structural Engineer/Supervisor
or Architect
Description of proposal and property
Name of owner
Job No.
Drg no.
Scale Checked by
Drawn by
North Line
Signature, Name (in block letters) and Address
Surveyor/Engineer/Structural Engineer/Supervisor or Architect.
*Area to be stated in figures and also in words.
of
Licensed
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APPENDIX XI
[Regulations 5 (3) (ix)]
Form for Supervision
To
The
Municipal Corporation of Greater Mumbai,
Mumbai.
Sir,
The development/erection/re-erection/demolition or material alteration of the
building .. on Plot No./C.S. No./C.T.S. No. of
Division/village/Town Planning Scheme No. .situated at
Road/Street.ward..will be carried out
under my supervision. All the materials (type and grade) and the workmanship of
the work will generally tally with the general specifications submitted alongwith the
plans and the work will be carried out according to the sanctioned plans. I shall be
responsible for the execution of the work in all respects.
Yours faithfully,
Signature of Licensed/ Surveyor/Engineer/
Structural Engineer/supervisor of Architect.
Name:
(inblock letters)
LicenceNo : ..
Address : ..
Date :
APPENDIX XII
(Regulations No. 5 (4) (ii))
Qualification Competence, Duties and Responsibilities etc. of Licensed Technical
Personnel or Architect for preparation of schemes for Development Permission and
supervision
C-1. General :
C-1-1 The qualifications of technical personnel and their competence to carry out
different jobs for development permission and supervision for the purpose of
Compiled by Er. G D CHIPLUNKAR ,[email protected] Original Notifications shall be referred for perspicuity.Page 376
licensing shall be given in Regulations C-2 to C-6. The procedure for licensing
technical personnel is given in Regulations C-6.
C-2. Architect :
C-2.2. Competence of Architect.-To carry out work related to development
permission as given below and to submit,(a)All plan s and information connected with development permission;
(b)structural details and calculations for buildings on Plot upto 500 sq.m. and upto
3 storeys or 11 m. height; and
(c) Certificate of supervision and completion for all buildings.
C-3. Engineer:
C-3.1. Qualifications.-Corporate memberships (Civil) of the Institution of Engineers
or a Degree or Diploma in civil or Structural Engineering which makes him eligible
for such membership.
C-3.2. Competence.-To carry out work related to development permission as given
below and to submit,.(a) All plans and related information connected with development permission;
(b) Structural details and calculations of buildings on plot upto 500 sq.m. and 5
storeys or 16 m. height;. and
(c) Certificate of supervision and completion for all buildings.
C-4. Supervisor :
C-4.1. Qualifications.-(a) For Supervisor I :
(i) Three years` architectural assistantship or intermediate in architecture with two
years experience ;or
(ii) Diploma in Civil engineering with two years` experience.
(b) For Supervisor II :
(i) Draftsman in civil Engineering from I.T.I. with five years` experience under
architect/engineer.
C-4.2. Competence.-(a) For Supervisor I.-To submit,(i) All plans and related information connected with development permission on
plots upto 200 sq.m. and upto two stroreys; and
(ii) Certificate of supervision of buildings on plots upto 200 sq.m. and upto two
storeys and completion thereof.
(b) For Supervision II. To submit(i) All plans and related information upto 50 sq.m. built-up area and upto two
storeys ;and
(ii) certificate of supervision for limits at (i) above and completion thereof.
C-5.1. Structural Engineer :
C-5.1. Qualifications.-Three years` experience in structural engineering practice
with designing and field work, and
(a) A Degree in Civil Engineering of a recognised Indian or Foreign University and
Chartered Engineer or Associate Memberships in the Civil Engineering Division of
the Institution of Engineers (India) or equivalent overseas Institution ; or
(b) Associate Membership in Civil Engineering Division of the Institution of
Engineers (India) or equivalent overseas institution possessing exceptional merit.
Three years` experience will be reduced to two years for those with a postgraduate degree of a recognised Indian/Foreign University in the branch of
Structural Engineering and to one year for those with a Doctorate in structural
Engineering.
C-5.2.
Competence.-To submit the structural details and calculations for all
buildings and supervision.
C-5.2.1. Complicated buildings and sophisticated structures, as decided by the
Commissioner which are within the horizontal areas and vertical limits under C-21(b),C-3-2-(b) andC-4-2-(a)-(i) shall be designed only by structural engineers.
C-6. Licensing. :
C-6.1. Technical personnel to be licensed.-The qualified technical personnel or
group referred to in Regulations C-3, C-4 and C-5 shall be licensed with the
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Municipal Corporation and the licence shall be valid for one calendar year ending
31st December after which it shall be renewed annually.
C-6.2. Fees for Lilcensing.-The annual licensing fees shall be as follows:For Engineers and Structural Engineers
..
.. Rs. 250 per annum.
For Supervisors S-I
..
..
..
.. Rs. 100 per annum.
For Supervisors S-II
..
..
..
.. Rs. 50 per annum.
C-6.3. Duties and Responsibilities of Licensed Technical Personnel or Architect.(1) It will be incumbent on every licensed technical person or architect in all matters
in which he may be professionally consulted or engaged to assist and co-operate
with the Commissioner and other Municipal Officers in carrying out and enforcing
the provisions of the Mumbai Municipal Corporation Act and Maharashtra Regional
and Town Planning Act and of any Regulations or rules for the time being in force
under the Acts.
(2) Every licensed technical person or architect shall in every case in which he
may be professionally consulted or engaged be responsible so far as his
professional connection with such case extends, for due compliance with the
provisions of Chapters IX, X XI and XII of the Mumbai Municipal Corporation Act,
the Maharashtra Regional and Town Planning act and of any rules or Regulations
for the time being in force under the said Acts, or such of then as may respectively
be applicable to the circumstances of the particular case and in particular it will be
obligatory on him to satisfy himself that a qualified and competent site supervisor
with qualifications prescribed by the Commissioner is constantly employed and
present on the work supervise the execution of all work and to prevent the use of
any defective material therein and the improper execution of any such work.
(3) In every case in which a licensed technical person or architect is professionally
concerned with any building or work upon any premises, in respect of which a right
to required a set-back has accrued or is about to accrue to the Commissioner under
the provisions of sections 291,297 to ascertain whether "the regular line of the
street" has been prescribed under sections 291, 297 and whether any portion of the
said premises is required for the street and no licensed 298 and 299 of the BMC
Act, or any of them, it will be incumbent on such licensed technical person,or
Architect must, on any account or under any pretence, be a party to any evasion or
attempted evasion of the set-back (if any) that may be required.
(4) In every case in which a licensed technical person or architect is professionally
concerned with any building or work upon any premises designed or intended to be
used or any purpose for which the written permission
of licence of the
Commissioner is prescribed by the said Act as necessary condition to the
establishment or use of such premises for such purpose, it shall be incumbent on
such licensed technical person or Architect ,so far as his professional connection
with such case extends, to see that all conditions prescribed by the said Act, or by
any rules or Regulations for the time being in force thereunder, are duly fulfilled or
provided for.
(5)
A licensed technical person or architect shall not carry out any work in
connection with any building or other erection on a plot of land leased or agreed to
be leased by the Municipal Corporation in contravention of any condition of the
lease or agreement for lease.
(6) When a licensed technical person or architect ceases to be in employment for
the development work he shall report the fact forthwith to the Commissioner.
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APPENDIX XIII
Regulations (5)(5)(i)
Form of sanction of development
commencement certificate.
To
..
..
..
permission,
building
permission
and
Sir,
With reference to your application No. ..dated.for Development
Permission and grant of Commencement Certificate under sections 45 and 69 of the
Maharashtra Regional and Town Planning Act, 1966, to carry out development and
building permission under section 346 of the Mumbai Municipal Corporation Act
1888,to erect building in building No.
On plot No./CS/C.S.T./No..div./village/Town Planning Scheme
no.situated at
Road/street.ward.the commencement
certificate/building permit is granted on the following conditions :1. The land vacated in consequence of the enforcement of the set-back line/road
widening line shall form part of the public street.
2. No new building or part thereof shall be occupied or allowed to be occupied or
used or permitted to be used by any person until occupancy permission has been
granted.
3. The commencement certificate/development permission shall remain valid for
one year commencing from the date of its issue.
4. This permission does not entitle you to develop land which does not vest in you.
5.
6.
Yours faithfully,
Executive Engineer (Building Proposal)(.Ward)
Municipal Corporation of Greater Mumbai.
Office No. .
Office Stamp ..
Date .
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APPENDIX XIV
[Regulations 5 (5) (i)]
Form of refusal of Development
Commencement Certificate
Permission,
Building
Permission
and
To
.
.
Sir,
With reference to your application
No..datedfor the grant of sanction of
the development works; the erection of a building/execution of work for Building on
..plotNo./C.S.No./C.T.S.No.of.Divn./Village/
Town
Planning
/Scheme
No.Situated
at.
Road/Street ..Ward, I regret to
inform you that the sanction is refused on the following grounds under Section 346
of the Mumbai Municipal Corporation Act, 1888, and under Section 45/69 of the
Maharashtra Regional and Town Planning Act, 1966.
1. .
2 .
3. .
4. .
5. .
6. .
Yours faithfully,
Executive Engineer,
(Building Proposal)(Ward)
Municipal Corporation of Greater Mumbai.
Office No.
Office Stamp ..
Date
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APPENDIX XV
[Regulations No.6(2) and Section 347(i)(a) of the Mumbai
Municipal Corporation Act, 1888]
Form of Notice for Start of Work
To
The Executive Engineer (Building Proposal),.Ward, Municipal
Corporation of Greater Mumbai, Mumbai.
Sir,
The development work/erection/re-erection/demolition or material alteration
in/of Building No. .on/in Plot No./C.S. No./C.T.S.No.
..Division/Village/Town Planning Scheme No.
.Situated at
Street/Road Ward .will start on
in accordance with your
permission
No.
date.
Under the supervision of
.
Licensed Surveyor/ Engineer /Structural Engineer/ Supervisor, or Architect License
No
and in accordance with the plans sanctioned.
Yours faithfully,
Signature of Owner
Name of the Owner
In Block Letters
Address of Owner
....
Date : .
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APPENDIX XVI
[Regulations No. 6(4)]
Form of intimation of Completion of Work upto Plinth Level
To
The Executive Engineer (Building Proposal) .Ward,
Municipal Corporation of Greater Mumbai.
Sir,
The construction upto plinth/column upto plinth level has been completed in
Building
Noon/in
Plot
No./C.S.
No./
C.T.S.No.
..
Division/Village/Town
Planning
Scheme
No.
.Road/StreetWard
in
accordance
with
your
permission
No.
.dated ..under my supervision
and in accordance with the sanctioned plan.
Please check the completed work and permit me to proceed with the rest of the
work.
Yours faithfully,
Signature of Licensed Surveyor/
Engineer/Structural Engineer/Supervisor or Architect
Name
(in block letters)
Address.
Date :
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APPENDIX XVII
[Regulations No. 6(4)]
Form of Approval/Disapproval of Development Work upto Plinth Level
To
..
..
..
Sir,
Please
refer
to
your
intimation
No.
.dated
..regarding the completion of construction work upto
plinth/columns upto plinth level in Building No..on/in Plot
No/C.S. No./C.T.S. No. ..Division/Village/Town Planning Scheme
No.
..situated
at
..Road/Street
Ward You may/may
not proceed with the further work as per sanctioned plans/as the construction upto
plinth level does/does not conform to the sanctioned plans.
Yours faithfully,
Executive Engineer (Building Proposal)
(Ward)
Municipal Corporation of Greater Mumbai.
Office No. ..
Office Stamp .
Date : ..
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APPENDIX XVIII
(Regulations No. 6(7))
Form for Development completion certificate
To
The executive Engineer (Building Proposal),.Ward,
Municipal Corporation of Greater Mumbai,
Sir,
I certify that the erection/re-erection or part/full development work in/on
building/part building No. .on/in Plot No., C.S.No./C,T,S, No.
Division/Village/Town Planning scheme No. .Situated at
Road/Street.Ward.
has
been
supervised
by
me
and
has
been
completed
onaccording
to the plans sanctioned (office communication No.
dated). The work has been completed to my best
satisfaction the workmanship and all the materials (type and grade) have been used
strictly in accordance. with general and detailed specifications. No provisions of the
Act or Development Control Regulations or no requisitions made, conditions
prescribed or orders issued thereunder have been transgressed in the course of the
work. I am enclosing three copies of the completion plans, one of which is cloth
mounted. The building is fit for occupancy for which it has been erected/re-erected
or altered, constructed and enlarged.
I have to request you to arrange for the inspection and give permission for the
occupation of the building.
Yours faithfully,
Signature of Licenced surveyor/Engineer/Architect
StructuralEngineer/SupervisorArchitect.
.
Name .
(In Block letters)
Address ..
.
Date :
Licence No. .
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APPENDIX XIX
(Regulations No. 6(6))
(See sub-section (3) of section 259-A of the Mumbai Municipal Corporation Act, 1888)
Drainage Completion Certificate
To
.
.
.
Sir,
The following work .(insert full particulars of the
work) has been completed to my satisfaction; the workmanship and the whole of the
materials used are good; and no provision of the Act or the Development control
Regulations or building Bye-laws and no requisition made, condition prescribed or
order issued thereunder, has been transgressed in the course of the work,
Date : .
Yours faithfully,
Signature of Licensed Plumber
Name (in Block letters) .
Address .
.
Licence No.
APPENDIX XX
(Regulations No. 6(6))
(See sub-section (I) of section 353-A of the Mumbai
Municipal Corporation Act, 1888)
Building completion Certificate
To
..
...
Sir,
The following building work (insert full particulars of the work) has been supervised
by me and has been completed to my satisfaction; the workmanships and the whole
of the materials used are good; and no provision of the Act or the Regulations, Byelaws and no requisitions made, condition prescribed or order issued thereunder, has
been transgressed in the course of the work.
Yours faithfully,
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To
.
..
..
Subject :
Reference :
Sir,
The Completion certificate submitted by you on ..for the above work
is hereby accepted.
Yours faithfully,
Executive Engineer/Asst Engineer.Dn.
Municipal Corporation of greater Mumbai
Zone ..
Date :
Office Stamp :
No. of
Copy forwarded to
Dn.
..For information
Executive Engineer
Zone..
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APPENDIX XXII
(Regulations 6(7))
Form for Occupancy certificate
To
Sir,
The part/full development work/erection/re-erection or alteration in/of building/part building
No. .........................................on/in Plot No. .
Block No. situated at ..Road/
Street .City S. No. .
.completed under the supervision of
Licensed surveyor/Engineer/Structural Engineer/Supervisor, Architect/Licence No...
..may be occupied on the following conditions:1)
2)
3)
4)
Executive Engineer
(Building Proposal)
(Ward)
Municipal Corporation of Gr. Mumbai.
Office No. ..
Office Stamp...
Date
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APPENDIX XXIII
(Regulations 6(8)
Form of Indemnity for Part Occupancy Certificate
To
..
Municipal Corporation of Greater Mumbai
Mumbai.
Subject :
Sir,
While thanking you for letting me occupy a portion of the above building before
acceptance of the Completion Certificate of the whole building for the plans
approved in communication No. dated ..
I, *indemnify the Municipal Corporation of Greater Mumbai against any risk, damage
and danger which may occur to occupants and users of the said portion of the
building and also undertake to take necessary security measures for their safety.
This undertaking will be binding on me/us, our heirs, administrators and our
assignees.
Yours faithfully,
Signature of Owner
Name of the Owner .
(in block letters)
Witness
(Signature and name in block letters)
Address :
..
Date : .
*of such value as decided by the Commissioner.
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[Appendix XXIV
Conditions and guidelines for implementation of Reg. No. 33(9) (A) are
incorporated in this Appendix XXIV.
1)
Applicability of the provisions of this appendix :For achieving comprehensive planning and development
of non slum areas of Dharavi Notified Area (DNA) through
sectoral layouts of Dharavi Redevelopment Project, the
provisions in this appendix shall apply to the renewal and
redevelopment of buildings / chawls including cessed
properties and such schemes on areas which are part of DRP
Area undertaken by DRP (SRA) through the developer to be
appointed by following competitive bidding process for Dharavi
Redevelopment Project or through Public Authority
The properties which are not part of DRP Area as defined
above shall be developed in accordance with DCR 32 only. The
other provisions of DCR 1991 allowing higher FSI permitted
under DCR 33 and provisions of this Appendix shall not be
applicable to such properties which are not part of DRP Area.
2)
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5)
Eligibility for Renewal Rehab Tenements:For Urban Renewal Schemes the existing tenants / occupants
residing as on 1st January, 2000 shall be held eligible. No new
tenancy / occupancy created after 1.1.2000 shall be considered.
Further unauthorized construction made in buildings / chawls,
and unauthorized extensions to the tenements shall not be
considered while computation of existing FSI and size of
tenements. A certified inspection extract of the M.C.G.M. for the
year 1999-2000 or Courts order proving the existence of
tenements prior to 1.1.2000 shall be considered adequate
evidence to establish number of tenements and size of the
tenement.
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8)
9)
The FSI for Urban Renewal schemes in CRZ area within DNA,
shall be governed by the MOEF notifications issued from time
to time.
10)
11)
12)
13)
Tenements having a physically handicapped person or femaleheaded households shall be given first preference in allotment
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15)
20)
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24.1
An amount of Rs. 20,000 or such an amount as
may be decided by the Government from time to time per
renewal tenement / unit will have to be deposited by the
developer with DRP (SRA) as a corpus fund for utilization by
the co-operative housing society of the renewal rehab
occupants for the purpose of maintenance, in accordance with
the time-schedule for such payment as may be laid down by
OSD, DRP (SRA). However, by the time of completion of
construction for occupation of tenements by the renewal rehab
occupants, the total amount at the rate of Rs.20,000 per
tenement completed should have been deposited in full. The
building permission for the last 25 percent of the free sale
component would be given only after the entire required
amount is deposited in full with DRP(SRA). A matching
amount of Rs. 20,000/- per renewal rehab tenement / unit
shall also be deposited by DRP(SRA) and added to the said
corpus fund.
24.2
An amount of Rs. 840 per sq.mt. shall be paid by the
Developer for the built up area over and above the normally
permissible FSI, for the rehabilitation and free sale
components. This amount shall be paid to DRP(SRA) in
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under Section 37(2) of the Maharashtra Regional and Town Planning Act.
1966, vide, Notification No. TPB 4310/1631/CR-139/2010/UD-11 Dated 25 January
2012.
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